The “law and motion” practice in California family law cases is conducted through a motion called a “Request for Order” or RFO. This means that whenever a family law litigant wishes to ask the court to make any temporary orders, or any post-judgment orders, they will file a motion. A motion then sets a hearing date. The form that is filed is called a Request for Order, which is simply a motion.
An RFO might be filed for any of the following topics:
The Request for Order (FL-300) form is a four-page form that provides the opposing party with notice of what is being sought with the motion. The first page of the form provides the other side with the date and time of the hearing. When the RFO form is filed, the court clerk will provide this date to you. If financial issues are addressed in the motion, you will need to complete an Income and Expense Declaration. The second and third pages of the motion have boxes to check for the “standard” requests that are most commonly filed, including requests for custody and visitation, child support, spousal support, payment of certain debts or obligations, control of certain assets, and attorney fees. At the bottom of the third page, there is a place to request any other relief you need. The last page provides you with room to provide your statement or declaration; however, you should probably attach a separate document as the space for writing your statement is very small.
What is not included on the form is the most important part of a motion, which is a description of what your “declaration” (also referred to as a “statement” or “affidavit”) needs to include. A declaration is signed by the person seeking the motion and sets forth the reasons for the motion. It is unclear with the form how detailed such a statement or declaration should be, and this is where a qualified attorney comes in handy. It is a fine skill to prepare a declaration that is succinct (judges can have up to 20-30 motions to hear in one day) but gets the information necessary to the judge to make a favorable ruling.
It is helpful to review the applicable sections of the Family Code concerning what relief you are requesting. For example, before filing a motion for custody and visitation of a minor child you should have a basic idea of what the court will consider when making custody orders. Likewise, when seeking child or spousal support it would be prudent to have a working knowledge of how these issues are handled. Our attorneys have years of experience handling motions concerning every conceivable family law issue.
To learn more about motions and Request for Orders, contact our office today. We offer a free, private meeting to discuss your case and options. We are conveniently located in Irvine on the Newport Beach border near the airport.
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