Request for Order or FL 300

If you have been served with a Request for Order or FL 300 by an attorney, you may be wondering what to do next.

A Request for Order or FL 300 is a request for a court hearing asking the Judge to make certain orders on your case. This could be an order for temporary custody/visitation, child support, spousal support, or attorney’s fees. The Court will typically set a hearing for more than 3 weeks from the date the RFO is filed.

You are required to show up on the hearing date listed on the first page of the RFO.

If you disagree with the requests made in the papers given to you, you should file a Response to the RFO or FL -320.  If the motion was not properly served, you can also consider a motion to quash.

The responding party may use FL 320 to seek affirmative relief different from that requested by the moving party on the same issues raised by the moving party.  Family Code 213.  Be careful because a Responsive Declaration cannot be used to request affirmative relief on issues not raised by the moving party.  For example, if the RFO requests child custody, the Responsive declaration cannot request spousal support.

All responsive papers must be served and filed no later than nine court days before the hearing.  Keep in mind that while frustrating, late responsive papers are often still read by the Court and you the Court will look at any documents presented to it before your hearing.

If you have been served with a Request for Order or FL 300 by an attorney and have questions, contact Gordon Family Law for help.   You can contact me at Amanda@gordonfamilylaw.com for more information.