During a California divorce, custody, support, or other family law proceeding, a party may need the court to decide an issue before the entire case is finished. California uses the Request for Order process for many of these requests. A Request for Order, commonly called an RFO, allows a party to identify the relief being requested, obtain a hearing date, provide supporting information, and give the other party an opportunity to respond before the family court makes its decision.
A Request for Order Asks the Court to Decide a Specific Issue
The Judicial Council Request for Order form is used when a party needs to make many types of requests to the family court.
Depending on the case and the relief available, an RFO may involve child custody, visitation, child support, spousal support, property-related orders, or other issues within the court’s authority.
The requesting party identifies the orders being sought and provides supporting facts through the appropriate declarations and attachments.
After the RFO is submitted for filing, the court assigns a hearing date. The filed papers must then be properly served on the other party.
This gives the responding party notice of what is being requested and when the court will consider the matter.
The responding party can file responsive papers stating whether the requested orders are opposed and presenting facts supporting a different result.
The hearing gives the court an opportunity to consider the parties’ positions before issuing the appropriate orders.
Filing an RFO Does Not Automatically Change Existing Orders
One important distinction concerns the period between filing the request and attending the hearing.
Simply filing a Request for Order does not automatically replace a custody, support, property, or other order that is already in effect.
Existing family court orders remain binding unless they are modified, stayed, terminated, or otherwise changed through an authorized process.
If immediate temporary relief is necessary before the ordinary hearing date, different procedures may be required.
California permits temporary emergency, or ex parte, requests when the applicable standards are satisfied. If the court grants temporary emergency relief, those temporary orders govern according to their terms until they expire or the court changes them.
Domestic Violence Prevention Act restraining orders also use separate forms and procedures rather than the ordinary RFO form for requesting the protective order itself.
Understanding these distinctions can prevent the mistaken assumption that filing paperwork alone changes existing legal obligations.
Service Is an Essential Part of the RFO Process
The other party must receive proper notice of the Request for Order.
The required method and timing of service can depend on the procedural circumstances, including whether the responding party has already appeared in the case and whether temporary orders have been requested.
When a Request for Order is made at the beginning of the case before the respondent has appeared, special service requirements can apply.
After a party has appeared, the RFO and supporting papers are generally served under the procedures applicable to notices and other papers, including service on the attorney when the party is represented.
The requesting party must also provide the applicable blank responsive forms and other required documents.
Proof that service occurred should be completed and filed with the court.
Proper service matters because a court must have the necessary authority and adequate notice must be provided before it can proceed with requests affecting the other party.
An RFO Provides a Formal Process for Obtaining Family Court Orders
A California Request for Order allows a party to bring a specific custody, support, property, or other qualifying family law issue before the court for determination. Filing the request begins the hearing process, but it does not by itself change existing orders. Proper supporting papers, service, an opportunity to respond, and the resulting court order are all important parts of the process. Once the family court issues an order, its terms are binding unless and until they are properly changed.


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