A California family law case can remain pending for months while the parties work toward settlement or prepare for trial. During that period, a spouse or parent may need the court to decide an issue before the entire case is completed. A Request for Order, commonly called an RFO, is the procedure used to ask the family court to make specified orders on issues such as child custody, visitation, child support, spousal support, property control, or payment of debts.

A Request for Order Must Tell the Court What Is Being Requested

A Request for Order is not simply a general request for the judge to resolve a disagreement. The party seeking relief must identify the specific orders requested and provide facts supporting those requests.

California uses Request for Order form FL-300 for this process. The portions of the form that are completed depend on the relief being requested.

For example, a parent requesting California child custody orders must identify the requested physical and legal custody arrangements. A party seeking support must provide the financial information required for that request. Requests involving property may seek orders concerning property restraints, temporary control of property, or responsibility for payment of particular debts.

The other party must receive the request and the accompanying papers under the applicable service rules. Responsive documents are also used so the opposing party can state whether the requested relief is opposed and present information relevant to the court’s decision.

Filing an RFO Does Not Automatically Create an Immediate Order

A major distinction exists between requesting orders for a regularly scheduled hearing and asking for temporary emergency relief before that hearing.

Simply filing an ordinary Request for Order does not mean the requested order immediately takes effect. The court generally considers the request at the scheduled hearing after the required notice has been provided.

If a party needs orders before the regular hearing because an emergency exists, a separate ex parte, or temporary emergency, request may be necessary. California limits this type of immediate relief to appropriate circumstances.

For example, temporary emergency orders may be requested to prevent immediate danger or irreparable harm to a party or child. Emergency relief may also be available to prevent immediate loss or damage to property that is subject to disposition in the family law case.

The court can also address procedural emergencies, such as shortening the time before a hearing or shortening or extending certain service periods when permitted.

Because emergency relief occurs without the ordinary timeline for a noticed hearing, the party seeking it must satisfy additional procedural requirements.

The Court Can Make Orders That Must Be Followed While the Case Continues

An RFO can address significant issues long before the final divorce judgment or other final determination.

For example, the court may make temporary child custody and visitation orders governing where a child will be and how parenting time will occur. It may make child support or temporary spousal support orders. The court may also determine temporary possession or control of property and assign responsibility for particular payments while the case proceeds.

These are court orders. They are not recommendations or general guidance for how the parties should behave. Once issued, the parties are required to comply with them unless the court later modifies, terminates, or replaces them.

The temporary nature of an order also does not necessarily mean the issue has been finally decided. An interim order can govern the parties while the case continues, while a later judgment or subsequent order may resolve the issue on a different procedural and evidentiary record.

An RFO Allows the Court to Address Issues Before Final Judgment

A Request for Order gives parties in California family court a formal procedure for asking the judge to decide specific issues while a case is pending. The requested relief must be clearly identified and supported, and an ordinary RFO should not be confused with a request for immediate emergency orders. Once the court issues an order, however, that order governs the parties unless and until it is changed or replaced through the proper legal process.