A California family law case can take months or longer to reach a final resolution, but many families cannot wait until the end of the case to address important issues. Parents may need a custody schedule, a spouse may need temporary support, or the parties may need orders concerning property or payment of debts while the case is pending. A Request for Order is one of the primary procedures used to ask the California family court to decide these issues.

What Does a Request for Order Do?

A Request for Order, commonly called an RFO, asks the family court to make specific orders in an existing family law proceeding. Judicial Council Form FL-300 is the standard form used to make the request.

Depending on the circumstances, an RFO may address issues such as California child custody, child visitation, child support, spousal support, property control, payment of certain debts, and other relief that the family court has authority to order.

The form tells both the court and the other party what orders are being requested. The facts supporting those requests must also be provided, either in the designated portion of Form FL-300 or through an attached declaration.

After the RFO is filed, the court assigns a hearing date. The filed papers then must be properly served on the other party so that person has notice of what is being requested and an opportunity to respond.

Supporting Documents Can Be an Important Part of the Request

Simply asking for an order does not necessarily give the court enough information to decide the issue. The supporting documents will depend on the type of relief being requested.

For example, requests involving child support or California spousal support commonly require current financial information. An Income and Expense Declaration may be required so that the court can evaluate income, expenses, and other relevant financial circumstances.

Other requests may depend on different evidence. A property-related request might require financial records, while a child custody request should clearly identify the physical and legal custody orders being requested. When the parents already have an agreement or understanding concerning temporary custody, that agreement or a declaration describing the understanding may be submitted with the request.

The RFO should also clearly identify all of the relief being sought. If the requested orders are vague or important requests are omitted, the court and the responding party may not have adequate notice of what the moving party wants the judge to decide.

Temporary Emergency Requests Are Different

Some family law situations cannot reasonably wait for a regularly scheduled hearing. California procedure allows parties in appropriate circumstances to request temporary emergency, or ex parte, orders pending the full hearing.

These requests involve additional requirements and forms. They should not be confused with an ordinary RFO hearing simply because both procedures may involve Form FL-300.

Domestic violence restraining orders are also handled differently. A person seeking protection under California’s domestic violence procedures uses the applicable DV forms rather than relying on Form FL-300 as the request for the protective order.

Understanding which procedure applies can be important because filing the wrong paperwork may delay the relief a person is seeking.

An RFO Brings an Issue Before the Family Court

A Request for Order is the formal method commonly used to ask a California family court judge to decide an issue while a case is pending or when an existing matter requires court action.

The strength of an RFO depends not only on what a person wants, but also on clearly identifying the requested orders and providing the facts and supporting information the court needs to evaluate them. For families dealing with immediate custody, support, or financial concerns, understanding the RFO process can make the court process easier to navigate.