Family Law - Motions and Attachments FL-300-399

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If you have children from this relationship, the court is required to order payment of child support based on the incomes of both parents.

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You do not have to pay any fee to file declarations in response to this Notice of Motion (including a completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) that will show your finances).

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Penalties for violating this order: If you violate this order you may be subject to civil or criminal penalties, or both.

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THE ORDER TO SHOW CAUSE AND THIS ORDER EXPIRE ON THE DATE AND TIME OF THE HEARING SHOWN IN THE BOX ABOVE UNLESS EXTENDED BY THE COURT.

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FL-310 APPLICATION FOR ORDER AND SUPPORTING DECLARATION

To obtain domestic violence restraining orders, you must use the forms Request for Order
(Domestic Violence Prevention) (form DV-100) and Temporary Restraining Order and Notice of Hearing (Domestic Violence Prevention) (form DV-110).

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If item 3 is checked, you must attach a declaration that shows why unsupervised visitation would be bad for your children. The judge is required to consider supervised visitation if one parent is alleging domestic violence and is protected by a restraining order.

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I ask the court to order the other parent to get a custody and visitation order in a foreign country equal to the most recent U.S. order before the children can travel to that country for visits.

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FL-313-INFO Child Custody Information Sheet—Recommending Counseling

Parents who come to court about child custody and parenting time (visitation) face decisions about parenting plans for their children.

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FL-314-INFO Child Custody Information Sheet

Parties who come to court about child custody and visitation face decisions about parenting plans for their children.

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A request for an early termination of your marital or partnership status may have a significant impact on your rights or responsibilities in your case. If you do not understand this form, you should speak with an attorney.

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FL-316 Request For Orders Regarding Noncompliance With Disclosure Requirements

For the reasons described below, be ordered to pay money sanctions for failure to comply with disclosure requirements. The amount of the money sanctions should be in an amount sufficient to deter him or her from repeating the conduct or comparable conduct, including reasonable attorney fees, costs incurred, or both, unless the court finds that the noncomplying party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Fam. Code, § 2107(c).)

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For domestic partnerships and same-sex marriages, please consult an attorney as federal laws apply and rules may vary.

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FL-319 REQUEST FOR ATTORNEY'S FEES AND COSTS ATTACHMENT

A personal declaration explaining why the court should grant or deny the request for attorney's fees and costs (either Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158).

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FL-320 RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE OR NOTICE OF MOTION

To respond to a request for domestic violence restraining orders requested in the Request for Order (Domestic Violence Prevention) (form DV-100) you must use the Answer to Temporary Restraining Order (Domestic Violence Prevention) (form DV-120).

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FL-321-INFO Attorney for Child in a Family Law Case—Information Sheet

In some cases, the family court judge will appoint a private attorney to represent a child in a custody or parenting time (visitation) case. These attorneys
are often called “minor’s counsel.”

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Attorneys appointed to represent a child must file a declaration with the clerk of the court indicating compliance with California Rules of Court, rule 5.242, no later than 10 days after each appointment and before beginning work on the case.

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FL-323 ORDER APPOINTING COUNSEL FOR A CHILD

Any party required to pay court-ordered attorney's fees or reimburse the court for attorney's fees paid on a party's behalf must pay interest on overdue amounts at the legal rate, which is currently 10 percent per year.

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Court-connected child custody evaluators practicing as of January 1 of a given year must submit this form to the court executive officer or his or her designee by January 30 of that year.

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Private child custody evaluators must complete this form and file it with the clerk's office no later than 10 days after notification of each appointment and before beginning any work on the child custody evaluation.

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FL-327 ORDER APPOINTING CHILD CUSTODY EVALUATOR

The child custody evaluation report is confidential. You must not make an unwarranted disclosure of the contents of the child custody evaluation report.

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Important Notice: This form must be attached as the first page of the child custody report. The child custody evaluation report MUST NOT become part of the public court file. It is confidential and private.

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Parents in family court need to have a plan that shows how their child will be cared for after they separate.

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FL-330 PROOF OF PERSONAL SERVICE

A person at least 18 years of age or older must serve the documents. There are two ways to serve documents: (1) personal delivery and (2) by mail.

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FL-330-INFO INFORMATION SHEET FOR PROOF OF PERSONAL SERVICE

You must complete a proof of service for each package of documents you serve. For example, if you serve the respondent and the other parent, you must complete two proofs of service; one for the respondent and one for the other parent.

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FL-334 DECLARATION REGARDING ADDRESS VERIFICATION—POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY, VISITATION, OR CHILD SUPPORT ORDER

If you want to change a judgment or permanent order for child custody, visitation, or child support, a person at least 18 years of age or older must serve the request on the other party by (1) personal delivery or (2) first-class mail or airmail, postage prepaid.

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FL-335 PROOF OF SERVICE BY MAIL

To serve temporary restraining orders you must use personal service (see form FL-330).

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FL-335-INFO INFORMATION SHEET FOR PROOF OF SERVICE BY MAIL

You must complete a proof of service for each package of documents you serve. For example, if you serve the respondent and the other parent, you must complete two proofs of service; one for the respondent and one for the other parent.

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WARNING: The court has ordered you to pay court fees and costs. If you do not pay
the court fees and costs, the court can institute collection proceedings and charge you interest and a collection fee.

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To request a hearing, the party must complete and file with the court clerk the following: (1) Notice of Motion (form FL-301) or Order to Show Cause (form FL-300) and (2) Application to Set Aside Order to Pay Waived Court Fees—Attachment (Family Law) (form FL-337).

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The order to pay waived court fees filed (date):

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FL-340 FINDINGS AND ORDER AFTER HEARING (Family Law—Custody and Support—Uniform Parentage)

All other issues are reserved until further order of court.

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Notice and opportunity to be heard. The responding party was given notice and an opportunity to be heard, as provided by the laws of the State of California.

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Petitioner will contact professional provider or supervised visitation center no later than (date):

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This court has jurisdiction to make child custody orders under California's Uniform Child Custody Jurisdiction and Enforcement Act (California Fam. Code, § 3400 et seq.) and the Hague Convention on Civil Aspects of International Child Abduction (42 U.S.C. § 11601 et seq.).

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Holiday parenting. The following table shows the holiday parenting schedules. Write "Pet" or "Resp" to specify each parent's years—odd, even, or both ("every year")—and under "Time" specify the starting and ending days and times.

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Terms and conditions of order may be changed. The terms and conditions of this order may be added to or changed as the needs of the children and parents change.

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In all other matters in exercising joint legal custody, the parents may act alone, as long as the action does not conflict with any orders concerning the physical custody of the children.

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Any party required to pay child support must pay interest on overdue amounts at the legal rate, which is currently 10 percent per year.

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The parties have been fully informed of their rights concerning child support. Neither party is acting out of duress or coercion. Neither party is receiving public assistance and no application for public assistance is pending.

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Any party required to pay support must pay interest on overdue amounts at the “legal” rate, which is currently 10 percent.

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Possession of property. The exclusive use, possession, and control of the following property that the parties own or are buying is given as specified:

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Each party will be solely responsible for paying the debts assigned to him or her and will hold the other harmless from those debts. The parties understand that the creditors are not bound by this judgment.

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FL-346 ATTORNEY'S FEES AND COSTS ORDER ATTACHMENT

An award of attorney's fees and costs is appropriate because there is a demonstrated disparity between the parties in access to funds to retain or maintain counsel and in the ability to pay for legal representation.

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WARNING: JUDGMENT (Family Law) (form FL-180) (status only) must be completed in addition to this form for the status of the marriage or domestic partnership to be ended.

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Each party must promptly let each plan representative know of any change in that party's mailing address until all benefits due that party under the plan have been paid.

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Any party required to pay child support must pay interest on overdue amounts at the “legal” rate, which is currently 10 percent per year. This can be a large added amount.

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This court has jurisdiction over the minor children because California is the children's home state.

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This case may be referred to a court commissioner for hearing. By law, court commissioners do not have the authority to issue final orders and judgments in contested cases unless they are acting as temporary judges.

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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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The support order filed (date):

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