SUPERIOR COURT OF STANISLAUS COUNTY

Transcription

www.stanct.org
(209) 530-3100
Street Address: 1100 I Street Modesto, CA 95353
Mailing Address: P.O. Box 1098 Modesto, CA 95353
Self Help Center: 800 11th Street Room #220 Modesto, CA 95353
(PROVIDING ASSISTANCE TO PARTIES REPRESENTING THEMSELVES)
REQUEST FOR ORDER
All documents must be typed or printed legibly per Rules of Court 2.104, in blue or black ink.
This packet includes the necessary forms to obtain a hearing.
Judicial Council forms, local forms, and information are available in the Clerk’s Office, the
Stanislaus County Law Library located at 1101 13th Street, Modesto, CA and on the following
websites:
Stanislaus County Superior Court: www.stanct.org
Stanislaus County – Local Forms: www.stanct.org/Forms.aspx?id=3
Judicial Council’s Self Help: www.courts.ca.gov/selfhelp.htm
Judicial Council Forms: www.courts.ca.gov/formsrules.htm
Stanislaus County Law Library: www.stanislauslawlibrary.org
Free Interactive Electronic Forms Program: www.icandocs.org/ca/california.html
California’s Free Website for Legal Help: www.lawhelpcalifornia.org
Law Libraries, Websites, or Self-Help Legal Books: www.courts.ca.gov/1091.htm
GENERAL REQUEST:
 FL-300 - Request for Order
 FL-335 - Proof of Service by Mail
 FL-334 - Declaration Regarding Address Verification (needed if you intend to
modify a child custody, visitation or child support order)
 FL-321 - Witness List (needed if you intend to call a witness)
TEMPORARY EMERGENCY REQUEST:
 FL004 – Declaration RE: Notice Upon ExParte Application for Orders
 FL-300 - Request for Order
 FL-305 - Temporary Orders
 FL-311 - Child Custody and Visitation Application Attachment
 FL-341 - Child Custody Visitation (Parenting Time) Order Attachment
 FL-321 - Witness List (needed if you intend to call a witness)
 FL-330 - Proof of Personal Service
Revised 7/1/12
If you are requesting Child Abduction Prevention Orders, then you MUST attach the
following forms to FL-305 Temporary Orders. These forms are available at the
clerk’s office, Self Help Center or at the Judicial Council’s Website:
www.courts.ca.gov/formsrules.htm.
 FL-312 Request for Child Abduction Prevention Orders
 FL-341(B) Child Abduction Prevention Order Attachment
NOTES:
If you are seeking orders regarding economic issues (example: child support or spousal
support), you MUST file either an Income and Expense Declaration (FL–150) or a Financial
Statement (FL-155). The Income and Expense Declaration is included in this packet. If your
only source of income is TANF, SSI, or GA/GR or if you have applied for TANF, SSI, or GA/GR,
the Financial Statement is available upon request. Both forms are accessible on the Judicial
Council website listed above. The Income and Expense Declaration can be typed directly from
the website and the calculations will be computed for you.
Parties are encouraged to review and comply with Local Rules regarding Family Law
proceedings. Local Rules can be located on the following Superior Court website:
www.stanct.org.
Material distributed by the Superior Court Clerk’s Office or Self Help Center IS INTENDED FOR
INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Such material is NOT LEGAL ADVICE
and is not intended to be legal advice as to your specific case. IT IS NOT INTENDED TO TAKE THE
PLACE OF LEGAL ADVICE FROM AN ATTORNEY. You are strongly urged to seek the advice of a
licensed attorney before starting or completing your case in order to protect valuable legal rights that you
may have, of which you may be unaware of. Please contact an attorney of your choice or contact the
LAWYERS REFERRAL SERVICE of the Stanislaus County Bar Association at: (209) 571-5727 for a
referral. The Clerk’s Office cannot give you legal advice.
Revised 7/1/12
FL-300-INFO
Information Sheet for Request for Order
General Instructions
The Request for Order (FL-300) form replaces the old
Notice of Motion and Order to Show Cause forms. Use
the Request for Order form to ask for court orders in
your family law case.
1. You must complete the top portion of page 1, including
your name and address, the court address, case name,
and number.
2. Check all the boxes that apply to the orders you are
requesting. Check the Modification box if you are
requesting a change to an existing order. Check the
Temporary Emergency Court Order box if you are
requesting that the court issue emergency orders that
will be effective before the hearing date.
3. List the name of the other person in your case in item 1.
4. Leave item 2 blank. The court clerk will fill in the date,
time, and location of the hearing.
5. In item 3 list all of the forms that you have completed
and filed with the court. These are the forms that you
will have to provide to the other party.
6. Check the box in front of “Court Order” on page 1 only
when you are:
• Asking the court for temporary orders to go into
effect before the hearing; or
• Asking that the court order the other person in
your case to come to court; or
• Need an order that allows you to give notice of
the hearing after the deadline for giving notice
has passed.
Leave items 5 – 9 blank. The court clerk will fill in the
information.
7. Complete the sections on pages 2 and 3 that apply to the
orders that you are asking the court to make.
8. Date and sign on pages 1 and 3 of the form.
9. Complete any additional forms that you will need to file
with your Request for Order.
10. File your completed Request for Order and other forms
with the court clerk. (You may have to pay a filing fee.
If you can't afford to pay the filing fee, you can ask the
court to waive the fee by completing and filing a
Request to Waive Court Fees (form FW-001)).
For example:
• If you are asking the court to make child
custody orders, check the box marked Child
Custody in the box just above item 1 on the
first page and complete item 1 on page 2.
• If you are asking the court to make custody orders that
go into effect before the hearing date, check the box “To
be ordered pending the hearing” in item 1 on page 2 and
check the box marked Temporary Emergency Court
Order in the box just above number 1 on page 1.
• Complete the Temporary Emergency Court Orders
(form FL-305) and file it with the Request for Order.
• Ask the family law facilitator or the self-help center
staff to explain the procedures for requesting temporary
emergency court orders at your court and follow those
procedures.
Other forms to file with this Request for Order:
• If you are asking the court to make temporary orders
that which will go into effect before the hearing date: a
completed Temporary Emergency Court Orders (form
FL-305).
If
you are asking the court to order spousal support: a
•
completed Income and Expense Declaration (form
FL-150).
• If you are asking the court to order child support: A
completed Income and Expense Declaration (form
FL-150) or a completed Financial Statement
(Simplified) (form Fl-155).
• If you are asking the court for child custody orders:
See item 1e on page 2 of the Request for Order (form
FL-300) for the list of forms that you may have to
complete.
• If you plan on having witnesses testify at your hearing:
a completed Witness List (form FL-321).
Note: Do not use Request for Order (FL-300) if you are
filing a motion or order to show cause:
• For a contempt action in a family law case (use Order
to Show Cause and Affidavit for Contempt (see form
FL-410))
• To set aside a child support order (see form FL-361 or
FL-640) or a voluntary declaration of paternity (see
form FL-280)
• For a domestic violence protective order under the
Domestic Violence Protection Act (see form DV-100).
Note: You can use the Request for Order (form
FL-300) in a domestic violence protective order case,
but only if you have child custody, visitation, or
support orders that you need modified.
Other
types of cases for which there are other Judicial
•
Council forms just for those cases.
If you have a question about whether this is the right
form for your situation or whether you need to complete
additional forms, ask the family law facilitator, self-help
center, or the clerk’s office at the court.
Form Approved for Optional Use
Judicial Council of California
FL-300-INFO [New July 1, 2012]
FL-300-INFO, Page 1 of 2
FL-300-INFO
Instructions for Giving the Other Party
Notice (Service)
Service by Personal Delivery
• After you file the Request for Order and other forms
with the court clerk, you will get them back with a court
date and time stamped on the first page of the Request
for Order. You must make sure that the other party
receives a copy of the Request for Order and all the
other forms so that he or she has notice of the date,
time, and location of the hearing and of the orders that
you are asking the court to make. This means that you
must “serve” a copy of the Request for Order and all
the other documents on the other party. If you
completed and filed an Income and Expense
Declaration (form FL-150) or a completed Financial
Statement (Simplified) (form FL-155), you must include
a blank copy of these forms for the other party to
complete and file.
• In general, the other party must be served with the
Request for Order and other forms at least 16 court
days prior to the hearing. If service is by mail, you
must add 5 days. The court may order that the time for
service on the other party can be shorter (See item 9 on
the Request for Order (form FL-300)).
Service by Personal Delivery
If you have asked the court for temporary emergency
court orders or other orders that will go into effect
before the hearing, or you have asked the court to order
the other party to attend the hearing and the judicial
officer has signed the “Court Order” portion of the
Request for Hearing form:
• Have someone else (who is at least 18) personally
give a copy the Request for Order with the other
forms and blank responsive forms to the other party.
Service by Mail
If you have not asked the court for orders that will go
into effect before the hearing, or you have not asked the
court to order the other party to attend the hearing and
the “Court Order” portion on page 1 of the Request for
Order has not been completed or signed by the judicial
officer:
• You can ask another person (who is at least 18) to mail
the Request for Order with the appropriate attachments
and blank responsive forms to the other party.
• If you filed the Request for Order asking for orders after
the judgment was entered in your case or after
permanent orders were made in your case, you will need
to verify the address of the person who is being served
and file proof of the verification with the court.
• After the person mails the forms, he or she should
complete a Proof of Service by Mail (form FL-335).
Information Sheet for Proof of Service by Mail (form
FL-335-INFO) has instructions to help the person
complete the form.
• You then file the completed Proof of Service by Mail
(form FL-335) with the clerk of the court 5 court days
before the hearing date.
For more information about giving notice, see
Information Sheet for Proof of Personal Service
(FL-330-INFO) or Information Sheet for Proof of
Service by Mail (FL-335-INFO).
If you have questions about service or need additional
assistance, contact the family law facilitator or
self-help center in your county.
• After the person gives the forms to the other party, he
or she should complete a Proof of Personal Service
(form FL-330). Information Sheet for Proof of
Personal Service (form FL-330-INFO) has instructions
to help the person complete the form.
• You then file the Proof of Personal Service with the
clerk of the court 5 court days before the hearing date.
[New July 1, 2012]
FL-300-INFO, Page 2 of 2
REQUEST FOR ORDER WITH
TEMPORARY ORDERS REQUEST
STEP 1: FILE THE REQUEST FOR ORDER
File the Original Request for Order at (No copies required):
Stanislaus County Superior Court
Family Law Clerk’s Office
1100 I Street Modesto, CA 95353
STEP 2: PICK UP THE REQUEST FOR ORDER
The Request for Order will be ready for pick-up, normally
within 2 business days after filing.
STEP 3: SERVICE OF THE REQUEST FOR ORDER
The Request for Order with Temporary Orders
MUST be personally served, whether or not the
Temporary Orders were granted
Ask someone over 18 years old to personally "serve" (give) a
copy of the following:
a) Request for Order
b) Income & Expense Declaration (if requesting support)
c) Blank Response to Request for Order
d) Blank Income & Expense Declaration (if requesting
support)
Tell the server to:
• Walk up to the person to be served.
• Say, "These are court papers."
• Give the person copies of all the court papers. If the
person will not take the papers, just leave them near
the person. It does not matter if the person tears them
up or throws them away.
Have the “Server” complete and sign the Proof of Personal
Service (FL-330)
TIME LIMIT FOR PERSONAL SERVICE
The Request for Order (w/Temporary Orders) must be
served at least 16 court days prior to the hearing (unless an
order shortening time for service was granted)
STEP 4: FILE THE PROOF OF SERVICE
The Proof of Service (FL-330) must be filed with the Clerk’s
office at least 5 court days before the hearing. Failure to
timely file your proof of service may result in the hearing being
DROPPED!
REQUEST FOR ORDER
(NO TEMPORARY ORDERS)
STEP 1: FILE THE REQUEST FOR ORDER
File the Original Request for Order at (No copies required):
Stanislaus County Superior Court
Family Law Clerk’s Office
1100 I Street Modesto, CA 95353
STEP 2: PICK UP THE REQUEST FOR ORDER
The Request for Order will be ready for pick-up, normally
within 2 business days after filing.
STEP 3: SERVICE OF THE REQUEST FOR ORDER
Ask someone over 18 years old to mail a copy of the following
to the other party:
a) Request for Order
b) Income & Expense Declaration (if requesting support)
c) Blank Response to Request for Order
d) Blank Income & Expense Declaration (if requesting
support)
Have the “Server” complete and sign the Proof of Service by
Mail (FL-335)
If the Request for Order is ask for orders after a Judgment
was entered in your case or after a permanent order was
made, then you must complete and file Declaration
Regarding Address Verification (FL-334).
TIME LIMIT FOR SERVICE BY MAIL
The Request for Order must be served at least 21 court days
prior to the hearing
STEP 4: FILE THE PROOF OF SERVICE
The Proof of Service by Mail (FL-335) [and Declaration
Regarding Address Verification if applicable] must be filed
with the Clerk’s office at least 5 court days before the hearing.
Failure to timely file your proof of service may result in the
hearing being DROPPED!
NOTICE TO ALL PARTIES OF FAMILY LAW TENTATIVE RULINGS
1.
THIS NOTICE MUST BE SERVED ON THE OTHER PARTY ALONG WITH THE
REQUEST FOR ORDER.
2.
THE COURT WILL ISSUE A TENTATIVE RULING ANNOUNCEMENT ON THE COURT
DAY PRIOR TO THE SCHEDULED HEARING ON THE FOLLOWING TYPES OF
REQUESTS FOR ORDERS:
•
•
•
•
•
•
•
3.
•
•
•
•
Request to Compel Discovery
Request to Withdraw as Attorney
Of Record/Counsel
Request for Alternate Valuation
Date
Request to Set Aside
Default/Judgment
Request for Reconsideration of
Order
Request for Bifurcation of Marital
Status/Economics Issues
Request for Joinder of Parties
•
•
•
•
•
•
•
Request to Amend Pleadings
Request for Change of Venue
Request for New Trial
Request to Enforce Judgment
Request to Award or Divide Omitted
Assets or Debts
Request to Modify Judgment
Any Request specifically
determined at Judge’s discretion
RULINGS WILL BE POSTED IN THE FOLLOWING LOCATIONS BY 1:30 PM ON THE
COURT DAY PRIOR TO THE HEARING:
INTERNET: THE TENTATIVE RULING ANNOUNCEMENT WILL BE POSTED ON THE
COURT’S WEBSITE AT THE FOLLOWING LINK: www.stanct.org.
TELEPHONE: TENTATIVE RULINGS ARE NOT AVAILABLE ON A TELEPHONIC RECORDING.
CLERK’S OFFICE LOBBY: CHECK THE POSTING IN THE CLERK’S OFFICE LOBBY.
COURTROOM DOORS: CHECK THE POSTING ON THE OUTER DOOR OF THE ASSIGNED
COURTROOM (DEPARTMENT 13 OR 14 OR 25).
4.
IF THE TENTATIVE RULING IN YOUR CASE IS SATISFACTORY, YOU DO NOT
NEED TO APPEAR at the scheduled hearing time, THE RULING BECOMES FINAL, and
the prevailing party prepares the order.
5.
IF YOU ARE NOT SATISFIED with the Tentative Ruling and wish to appear and argue the
matter, YOU MUST NOTIFY the Clerk’s office and opposing counsel of your intent
BEFORE 4:00 p.m. ON THE COURT DAY PRIOR TO THE SCHEDULED HEARING
DATE to request an actual hearing.
6.
IF YOU WISH TO REQUEST A HEARING, PLEASE CALL THE FAMILY LAW
CALENDAR LINE AT 530-3107 to speak directly with a clerk.
7.
IF YOU ARE NOTIFIED BY THE OTHER PARTY THAT THEY HAVE REQUESTED A
HEARING, YOU MUST APPEAR AT THE SCHEDULED HEARING TIME.
Revised 6/20/12
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME, ADDRESS, PHONE)
FOR COURT USE ONLY
Attorney for:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
Street Address:
800 11th Street, Modesto, CA 95354
Civil Clerk’s Office: 1100 I Street, P.O. Box 1098, Modesto, CA 95353
Petitioner/Plaintiff:
Respondent/Defendant:
DECLARATION RE: NOTICE UPON EX PARTE
Case Number:
APPLICATION FOR ORDERS
I, the undersigned, declare:
1. I am: ( 1 ) counsel for petitioner/plaintiff  respondent/defendant 
( 2 ) unrepresented petitioner/plaintiff  unrepresented respondent/defendant 
( 3 ) other (explain): _______________________________________________________________
2. The opposing party is represented by counsel:  YES  NO  Unknown.
If you checked yes, fill in attorney’s name,
address, and telephone number:
3.
 The parties in this have not been involved in another Family, Domestic Violence (family or criminal), Probate, or
Juvenile Court case.
 The parties have been involved in another Family, Domestic Violence (family or criminal),
Probate or Juvenile case as listed below:
Case No. /County where filed:
Was a Restraining Order Issued?
4. I have given 24 hour notice of this ex parte application
Type of Case:
Names of Parties in case:
 yes  no (skip #5, 6 and complete #7 below).
Pursuant to Local Rule 7.14, a copy of these pleadings were given to: _________________________________
By:  personal delivery
 fax transmission
 overnight mail or other overnight carrier
 other (explain): ______________________________
Date and time of notice: ____________________, 20___, at __________ a.m./p.m.
5.
A written response is attached, or I have received the following oral response: ___________________________
________________________________________________________________________________________
6.
Unless a written response is attached, I understand the Court will not consider my request until the
Expiration of the 24 hour period.
7.
I have not given notice of the present application for ex parte orders because:

A. Notice would frustrate the purpose of the orders sought.

B. Applicant would suffer immediate and irreparable harm before the court orders could issue.

C. No significant burden or inconvenience to the responding party will result.

D. The orders requested are those permitted without notice by Local Rule 7.15.

E. I made reasonable, good faith efforts to give notice, as follows: ______________________

F. Other: _________________________________________________________________
You must explain why you checked 7a, b, c, d, or e: _______________________________________
________________________________________________________________________________
I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct, at
_______________, California, this _______ day of ____________, 20____, at __________a.m./p.m.
Signature of Declarant:
FL004 (Mandatory Form)
DECLARATION RE: NOTICE UPON EX PARTE APPLICATION FOR ORDERS
Rev 6/11
FL-300
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FOR COURT USE ONLY
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
Stanislaus
1100 I Street
P. O. Box 1098
Modesto, CA 95353
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
REQUEST FOR ORDER
Child Custody
Child Support
Attorney Fees and Costs
MODIFICATION
Visitation
Spousal Support
Temporary Emergency
Court Order
Other (specify):
CASE NUMBER:
MEDIATOR:_____________________
1. TO (name):
2. A hearing on this Request for Order will be held as follows: If child custody or visitation is an issue in this proceeding, Family
Code section 3170 requires mediation before or at the same time as the hearing (see item 7.)
Time:
a. Date:
Dept.:
Room.:
same as noted above
other (specify): 800 - 11th Street, Modesto, CA 95353
801 - 11th Street, Modesto, CA 95353 (Only for Dept. Child Support Hearings scheduled in Dept. 16)
b. Address of court
3. Attachments to be served with this Request for Order:
a. A blank Responsive Declaration (form FL-320)
Completed Income and Expense Declaration (form
b.
FL-150) and a blank Income and Expense
Declaration
c.
d.
e.
Completed Financial Statement (Simplified) (form
FL-155) and a blank Financial Statement (Simplified)
Points and authorities
Other (specify):
Date:
(TYPE OR PRINT NAME)
(SIGNATURE)
COURT ORDER
4.
YOU ARE ORDERED TO APPEAR IN COURT AT THE DATE AND TIME LISTED IN ITEM 2 TO GIVE ANY LEGAL
REASON WHY THE ORDERS REQUESTED SHOULD NOT BE GRANTED.
5.
service
Time for
hearing
is shortened. Service must be on or before (date):
6. Any responsive declaration must be served on or before (date):
7. The parties are ordered to attend mandatory custody services as follows:
BEFORE 1ST COURT DATE ATTEND MEDIATION ORIENTATION ANY WEDNESDAY @3:15 P.M. IN DEPT____
8.
You are ordered to comply with the Temporary Emergency Court Orders (form FL-305) attached.
9.
Other (specify):
Date:
JUDICIAL OFFICER
To the person who received this Request for Order: If you wish to respond to this Request for Order, you must file a
Responsive Declaration to Request for Order (form FL-320) and serve a copy on the other parties at least nine court days
before the hearing date unless the court has ordered a shorter period of time. You do not have to pay a filing fee to file the
Responsive Declaration to Request for Order (form FL-320) or any other declaration including an Income and Expense
Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155).
Page 1 of 4
Form Adopted for Mandatory Use
FL-300 [Rev. July 1, 2012]
REQUEST FOR ORDER
Family Code, §§ 2045, 2107, 6224,
6226, 6320–6326, 6380–6383
Government Code, § 26826
www.courts.ca.gov
FL-300
CASE NUMBER:
OTHER PARENT/PARTY:
REQUEST FOR ORDER AND SUPPORTING DECLARATION
Petitioner
1.
Respondent
Other Parent/Party
To be ordered pending the hearing
b. Legal custody to (name of person who
makes decisions about health, education, etc.)
CHILD CUSTODY
a. Child's name and age
d.
As requested in form
e.
Modify existing order
(1) filed on (date):
(2) ordering (specify):
Attachment 2a (2)
a. As requested in: (1)
(3)
Other (specify):
b.
c.
Child Custody and Visitation Application Attachment (form FL-311)
One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you
have one.) The orders are from the following court or courts (specify county and state):
(1)
(2)
3.
c. Physical custody to (name of
person with whom child will live)
Child Custody and Visitation Application Attachment (form FL-311)
Request for Child Abduction Prevention Orders (form FL-312)
Children's Holiday Schedule Attachment (form FL-341(C))
Additional Provisions—Physical Custody Attachment (form FL-341(D))
Joint Legal Custody Attachment (form FL-341(E))
Other (Attachment 1d)
CHILD VISITATION (PARENTING TIME)
2.
requests the following orders:
Criminal: County/state:
Case No. (if known):
Family: County/state:
(3)
(4)
Juvenile: County/state:
Other: County/state:
CHILD SUPPORT (An earnings assignment order may be issued.)
a. Child's name and age
d.
b.
I request support based on the
child support guidelines
c. Monthly amount requested (if not by guideline)
$
Notice: The court is required to order child support based on the income of both parents. It normally continues until the
child is 18. You must supply the court with information about your finances by filing an Income and Expense Declaration
(form FL-150) or a Financial Statement (Simplified) (form FL-155). Otherwise, the child support order will be based on
information about your income that the court receives from other sources, including the other parent.
FL-300 [Rev. July 1, 2012]
REQUEST FOR ORDER
Page 2 of 4
FL-300
CASE NUMBER:
OTHER PARENT/PARTY:
4.
SPOUSAL OR PARTNER SUPPORT (An earnings assignment order may be issued.)
c.
a.
Amount requested (monthly): $
b.
Terminate existing order
d.
The Spousal or Partner Support Declaration Attachment (form FL-157) is attached (for modification of spousal or
partner support after judgment only)
e. An Income and Expense Declaration (form FL-150) must be attached
5.
ATTORNEY FEES AND COSTS are requested on Request for Attorney Fees and Costs Order Attachment (form FL-319) or a
declaration that addresses the factors covered in that form. An Income and Expense Declaration (form FL-150) must be
attached. A Supporting Declaration for Attorney Fees and Costs Order Attachment (form FL-158) or a declaration that
addresses the factors covered in that form must also be attached.
6.
PROPERTY RESTRAINT
a. The
petitioner
claimant
is restrained from transferring, encumbering, hypothecating,
respondent
concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or
separate, except in the usual course of business or for the necessities of life.
The applicant will be notified at least five business days before any proposed extraordinary expenditures,
and an accounting of such will be made to the court.
7.
b.
Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or
changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability,
held for the benefit of the parties or their minor children.
c.
Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the
ordinary course of business or for the necessities of life.
PROPERTY CONTROL
The petitioner
respondent
is given the exclusive temporary use, possession, and control of the following
a.
property that we own or are buying (specify):
b.
8.
The petitioner
respondent
is ordered to make the following payments on liens and encumbrances coming
due while the order is in effect:
Amount of payment
Debt
Pay to
OTHER RELIEF (specify):
NOTE: To obtain domestic violence restraining orders, you must use the forms Request for Order
(Domestic Violence Prevention) (form DV-100), Temporary Restraining Order (Domestic Violence) (form
DV-110), and Notice of Court Hearing (Domestic Violence) (form DV-109).
FL-300 [Rev. July 1, 2012]
REQUEST FOR ORDER
Page 3 of 4
FL-300
CASE NUMBER:
OTHER PARENT/PARTY:
9.
I request that time for service of the Request for Order and accompanying papers be shortened so that these documents may
days before the time set for the hearing. I need to have this
be served no less than (specify number):
order shortening time because of the facts specified in item 10 or the attached declaration.
10.
FACTS IN SUPPORT of orders requested and change of circumstances for any modification are (specify):
Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose.
The attached declaration must not exceed 10 pages in length unless permission to file a longer declaration has been
obtained from the court.)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(SIGNATURE OF APPLICANT)
Requests for Accommodations
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if
you ask at least five days before the proceeding. Contact the clerk’s office or go to www.courts.ca.gov/forms for
Request for Accommodations by Persons With Disabilities and Response (form MC-410). (Civil Code, § 54.8.)
FL-300 [Rev. July 1, 2012]
REQUEST FOR ORDER
Page 4 of 4
MC-025
CASE NUMBER:
SHORT TITLE:
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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_________________________________________________________________________________
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this
Attachment are made under penalty of perjury.)
MC-025 [Rev. July 1, 2009]
ATTACHMENT
to Judicial Council Form
Page
of
(Add pages as required)
FL-311
CASE NUMBER:
CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT
Petition, Response, Application for Order or Responsive Declaration
TO
Other (specify):
To be ordered now and effective until the hearing
1.
Custody. Custody of the minor children of the parties is requested as follows:
Child's name
Date of Birth
Legal Custody to
Physical Custody to
(person who makes decisions about (person with whom the child lives)
health, education, etc.)
Visitation.
2.
a.
b.
c.
d.
Reasonable right of visitation to the party without physical custody (not appropriate in cases involving domestic
violence)
See the attached
-page document dated (specify date):
The parties will go to mediation at (specify location):
No visitation
e.
Visitation for the
(1)
petitioner
respondent
Weekends starting (date):
(The first weekend of the month is the first weekend with a Saturday.)
3rd
4th
5th weekend of the month
1st
2nd
from
at
(day of week)
to
(a)
(b)
a.m.
at
p.m.
(time)
The parents will alternate the fifth weekends, with the
having the initial fifth weekend, which starts (date):
The petitioner will have fifth weekends in
petitioner
respondent
odd
petitioner
even
respondent
months.
will have the children with him or her during the period
a.m.
at
from
(day of week)
to
p.m.
(time)
a.m.
at
(day of week)
p.m.
(time)
Weekdays starting (date):
The
petitioner
respondent
from
at
(day of week)
(day of week)
will have the children with him or her during the period
a.m.
p.m.
(time)
at
to
(4)
p.m.
Alternate weekends starting (date):
The
(3)
a.m.
(time)
(day of week)
(2)
will be as follows:
a.m.
p.m.
(time)
Other (specify days and times as well as any additional restrictions):
See Attachment 2e(4).
FL-311 [Rev. July 1, 2005]
Page 1 of 2
Family Code, § 6200 et seq.
PETITIONER:
CASE NUMBER:
RESPONDENT:
3.
Supervised visitation.
I request that (name):
have supervised visitation with the minor children according to the
schedule set out on page 1 and that the visits be supervised by (name):
nonprofessional supervisor. The supervisor's phone number is (specify):
who is a
professional
I request that the costs for supervision be paid as follows: petitioner:
percent; respondent:
percent.
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.
4.
Transportation for visitation and place of exchange
a.
b.
c.
Transportation to the visits will be provided by (name):
Transportation from the visits will be provided by (name):
Drop-off of the children will be at (address):
d.
e.
Pick-up of the children will be at (address):
The children will be driven only by a licensed and insured driver. The car or truck must have legal child restraint
devices.
During the exchanges, the parent driving the children will wait in the car and the other parent will wait in his or her
home while the children go between the car and the home.
Other (specify):
f.
g.
5.
Travel with children. The
respondent
other (name):
petitioner
must have written permission from the other parent or a court order to take the children out of
the state of California.
a.
b.
the following counties (specify):
c.
other places (specify):
6.
Child abduction prevention. There is a risk that one of the parents will take the children out of California without the other
parent's permission. I request the orders set out on attached form FL-312.
7.
Children's holiday schedule. I request the holiday and visitation schedule set out on the attached
other (specify):
8.
Additional custody provisions. I request the additional orders regarding custody set out on the attached
form FL-341(D)
9.
other (specify):
Joint legal custody provisions. I request joint legal custody and want the additional orders set out on the attached
form FL-341(E)
10.
form FL-341(C)
other (specify):
Other. I request the following additional orders (specify):
FL-311 [Rev. July 1, 2005]
Page 2 of 2
FL-341
CASE NUMBER:
CHILD CUSTODY AND VISITATION (PARENTING TIME) ORDER ATTACHMENT
Findings and Order After Hearing (form FL-340)
TO
Judgment (form FL-180)
Stipulation and Order for Custody and/or Visitation of Children (form FL-355)
Other (specify):
1.
Jurisdiction. This court has jurisdiction to make child custody orders in this case under the Uniform Child Custody Jurisdiction and
Enforcement Act (part 3 of the California Family Code, commencing with section 3400).
2.
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.
3.
Country of habitual residence. The country of habitual residence of the child or children in this case is
other (specify):
the United States
4.
Penalties for violating this order. If you violate this order, you may be subject to civil or criminal penalties, or both.
5.
Custody. Custody of the minor children of the parties is awarded as follows:
Date of birth
Legal custody to
Child's name
(person who makes decisions about
health, education, etc.)
Physical custody to
(person with whom the child lives)
6.
Child abduction prevention. There is a risk that one of the parents will take the children out of California without the other
parent's permission. (Child Abduction Prevention Orders Attachment (form FL-341(B)) must be attached and must be obeyed.)
7.
Visitation (parenting time)
a.
b.
c.
d.
e.
Reasonable right of visitation to the party without physical custody (not appropriate in cases involving domestic
violence)
See the attached ________-page document.
The parties will go to mediation at (specify location):
No visitation
respondent
other (name):
Visitation (parenting time) for the
petitioner
will be as follows:
(1)
Weekends starting (date):
(The first weekend of the month is the first weekend with a Saturday.)
1st
3rd
2nd
from
5th
4th
at
a.m.
at
(day of week)
p.m.
(time)
(day of week)
to
weekend of the month
a.m.
p.m.
(time)
(a)
petitioner
respondent
The parents will alternate the fifth weekends, with the
having the initial fifth weekend, which starts (date):
other (name):
(b)
The petitioner will have fifth weekends in
odd
even
THIS IS A COURT ORDER.
FL-341 [Rev. July 1, 2012]
CHILD CUSTODY AND VISITATION (PARENTING TIME)
ORDER ATTACHMENT
months.
Page 1 of 3
Family Code, §§ 3020, 3022, 3025,
3040–3043, 3048, 3100, 6340, 7604
www.courts.ca.gov
FL-341
CASE NUMBER:
7. e. (2)
Alternate weekends starting (date):
The
respondent
petitioner
will have the children
other (name):
with him or her during the period
from
at
to
at
p.m.
a.m.
p.m.
(time)
(day of week)
(3)
a.m.
(time)
(day of week)
Weekdays starting (date):
The
respondent
petitioner
will have the children
other (name):
with him or her during the period
from
at
to
at
p.m.
a.m.
p.m.
(time)
(day of week)
(4)
a.m.
(time)
(day of week)
Other (specify days and times as well as any additional restrictions):
See Attachment 7e(4).
8.
The court acknowledges that criminal protective orders in case number (specify):
in (specify court):
relating to the parties in this case are in effect
under Penal Code section 136.2, are current, and have priority of enforcement.
9.
Supervised visitation. Until
further order of the court
petitioner
respondent
the
the minor children according to the schedule
other (specify):
other (name):
will have supervised visitation with
set forth on page 1. (You must attach Supervised Visitation Order (form FL-341(A).)
10.
Transportation for visitation
a. The children must be driven only by a licensed and insured driver. The car or truck must have legal child restraint devices.
b.
Transportation to the visits will be provided by the
c.
Transportation from the visits will be provided by the
d.
e.
f.
g.
11.
petitioner
other (specify):
petitioner
other (specify):
The exchange point at the beginning of the visit will be at (address):
The exchange point at the end of the visit will be at (address):
respondent
respondent
During the exchanges, the parent driving the children will wait in the car and the other parent will wait in his or
her home while the children go between the car and the home.
Other (specify):
other (name):
petitioner
respondent
Travel with children. The
must have written permission from the other parent or a court order to take the children out of
a.
b.
c.
the state of California.
the following counties (specify):
other places (specify):
FL-341 [Rev. July 1, 2012]
ORDER ATTACHMENT
Page 2 of 3
FL-341
CASE NUMBER:
12.
Holiday schedule. The children will spend holiday time as listed
below
in the attached schedule.
(Children's Holiday Schedule Attachment (form FL-341(C)) may be used for this purpose.)
13.
Additional custody provisions. The parents will follow the additional custody provisions listed
below
in the
attached schedule. (Additional Provisions—Physical Custody Attachment (form FL-341(D)) may be used for this purpose.)
14.
below
Joint legal custody. The parents will share joint legal custody as listed
(Joint Legal Custody Attachment (form FL-341(E)) may be used for this purpose.)
15.
in the attached schedule.
Other (specify):
FL-341 [Rev. July 1, 2012]
ORDER ATTACHMENT
Page 3 of 3
FL-305
CASE NUMBER:
OTHER PARENT/PARTY:
TEMPORARY EMERGENCY COURT ORDERS
Attachment to Request for Order (FL-300)
The court makes the following orders, which are effective immediately and until the hearing:
1.
PROPERTY RESTRAINT
a.
b.
c.
2.
Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the
ordinary course of business or for the necessities of life.
PROPERTY CONTROL
a.
Petitioner
Respondent is given the exclusive temporary use, possession, and control of the following
property that the parties own or are buying (specify):
b.
3.
Petitioner
Respondent
Claimant
is restrained from transferring, encumbering, hypothecating,
concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or
separate, except in the usual course of business or for the necessities of life.
The other party is to be notified of any proposed extraordinary expenditures, and an accounting of such is to
be made to the court.
Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or
changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability,
held for the benefit of the parties or their minor child or children.
Petitioner
Respondent is ordered to make the following payments on liens and encumbrances coming due
while the order is in effect:
Debt
Pay to
Amount of payment
MINOR CHILDREN
a.
Petitioner
the parties
Respondent will have the temporary physical custody, care, and control of the minor children of
subject to the other party’s rights of visitation as follows:
b.
Petitioner
Respondent must not remove the minor child or children of the parties
(1)
from the state of California.
from the following counties (specify):
(2)
other (specify):
(3)
c.
Child abduction prevention orders are attached (see form FL-341(B)).
d. (1) Jurisdiction: This court has jurisdiction to make child custody orders in this case under the Uniform Child
Custody Jurisdiction and Enforcement Act (part 3 of the California Family Code, commencing with section 3400).
(2) 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.
(3) Country of habitual residence: The country of habitual residence of the child or children is
the United States of America
other (specify):
(4) Penalties for violating this order: If you violate this order, you may be subject to civil or criminal penalties
or both.
4.
OTHER ORDERS (specify):
Additional orders are listed on Attachment 4.
JUDGE OF THE SUPERIOR COURT
Date:
5. The date of the court hearing is (insert date when known):
CLERK’S CERTIFICATE
I certify that the foregoing is a true and correct copy of the original on file in my office.
[SEAL]
Date:
Clerk, by
, Deputy
Page 1 of 1
FL-305 [Rev. July 1, 2012]
TEMPORARY EMERGENCY COURT ORDERS
Family Code, §§ 2045, 6224, 6226, 6302,
6320–6326, 6380–6383
www.courts.ca.gov
FL-321
FOR COURT USE ONLY
TELEPHONE NO.:
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
1100 I Street
P. O. Box 1098
Modesto, CA 95353
BRANCH NAME:
OTHER PARENT/PARTY:
CASE NUMBER(S):
WITNESS LIST
Request for Order (FL-300)
Attachment to
Petitioner
at the time of
Respondent
hearing or
Name
FL-321 [New July 1, 2012]
Other
trial
Responsive Declaration (FL-320)
Other (specify):
intends to call the following witnesses to testify
scheduled on (date):
Subject and Brief Description of Testimony
WITNESS LIST
Family Code, § 217(c);
Cal.Rules of Court, rule 5.113
www.courts.ca.gov
FL-150
FOR COURT USE ONLY
NAME:
ADDRESS:
TELEPHONE NO.:
IN PRO PER
STANISLAUS
1100 I Street
PO Box 1098
Modesto, CA 95353-1098
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
OTHER PARENT/CLAIMANT:
CASE NUMBER:
INCOME AND EXPENSE DECLARATION
1. Employment (Give information on your current job or, if you're unemployed, your most recent job.)
a. Employer:
Attach copies
of your pay
stubs for last
two months
(black out
social
security
numbers).
b. Employer's address:
c.
d.
e.
f.
Employer's phone number:
Occupation:
Date job started:
If unemployed, date job ended:
g. I work about
h. I get paid $
hours per week.
gross (before taxes)
per month
per week
per hour.
(If you have more than one job, attach an 8½-by-11-inch sheet of paper and list the same information as above for your other
jobs. Write "Question 1—Other Jobs" at the top.)
2. Age and education
a.
b.
c.
d.
e.
My age is (specify):
I have completed high school or the equivalent:
Yes
Number of years of college completed (specify):
Number of years of graduate school completed (specify):
professional/occupational license(s) (specify):
I have:
No If no, highest grade completed (specify):
Degree(s) obtained (specify):
Degree(s) obtained (specify):
vocational training (specify):
3. Tax information
I last filed taxes for tax year (specify year):
a.
b. My tax filing status is
single
head of household
married, filing separately
married, filing jointly with (specify name):
c. I file state tax returns in
California
other (specify state):
d. I claim the following number of exemptions (including myself) on my taxes (specify):
4. Other party's income. I estimate the gross monthly income (before taxes) of the other party in this case at (specify): $
This estimate is based on (explain):
(If you need more space to answer any questions on this form, attach an 8½-by-11-inch sheet of paper and write the
question number before your answer.) Number of pages attached:
I declare under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and
any attachments is true and correct.
Date:
(SIGNATURE OF DECLARANT)
Page 1 of 4
FL-150 [Rev. January 1, 2007]
Family Code, §§ 2030–2032,
2100–2113, 3552, 3620–3634,
4050–4076, 4300–4339
FL-150
CASE NUMBER:
Attach copies of your pay stubs for the last two months and proof of any other income. Take a copy of your latest federal
tax return to the court hearing. (Black out your social security number on the pay stub and tax return.)
5.
Income (For average monthly, add up all the income you received in each category in the last 12 months
Last month
and divide the total by 12.)
Average
monthly
a. Salary or wages (gross, before taxes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
b. Overtime (gross, before taxes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
c. Commissions or bonuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
d. Public assistance (for example: TANF, SSI, GA/GR)
e. Spousal support
f.
from this marriage
Partner support
currently receiving . . . . . . . . . . . . . $
from a different marriage . . . . . . . . . . . . . . . . . . . $
from this domestic partnership
from a different domestic partnership
$
g. Pension/retirement fund payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
h. Social security retirement (not SSI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Private insurance . . . . $
i.
Disability:
j.
Unemployment compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Social security (not SSI)
State disability (SDI)
k. Workers' compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
l.
Other (military BAQ, royalty payments, etc.) (specify): . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .$
6.
Investment income (Attach a schedule showing gross receipts less cash expenses for each piece of property.)
a. Dividends/interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
b. Rental property income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
c. Trust income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
d. Other (specify): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
7.
Income from self-employment, after business expenses for all businesses . . . . . . . . . . . . . . . $
I am the
owner/sole proprietor
business partner
other (specify):
Number of years in this business (specify):
Name of business (specify):
Type of business (specify):
Attach a profit and loss statement for the last two years or a Schedule C from your last federal tax return. Black out your
social security number. If you have more than one business, provide the information above for each of your businesses.
8.
Additional income. I received one-time money (lottery winnings, inheritance, etc.) in the last 12 months (specify source and
amount):
9.
Change in income. My financial situation has changed significantly over the last 12 months because (specify):
10. Deductions
Last month
a. Required union dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
b. Required retirement payments (not social security, FICA, 401(k), or IRA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
c. Medical, hospital, dental, and other health insurance premiums (total monthly amount) . . . . . . . . . . . . . . . . . . . . . . $
d. Child support that I pay for children from other relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
e. Spousal support that I pay by court order from a different marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
f.
Partner support that I pay by court order from a different domestic partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
g. Necessary job-related expenses not reimbursed by my employer (attach explanation labeled "Question 10g") . . . $
11. Assets
Total
a. Cash and checking accounts, savings, credit union, money market, and other deposit accounts . . . . . . . . . . . . . . . $
b. Stocks, bonds, and other assets I could easily sell
c. All other property,
real and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $.
personal (estimate fair market value minus the debts you owe) . . . . . . $
Page 2 of 4
FL-150
CASE NUMBER:
12. The following people live with me:
Name
How the person is
That person's gross
related to me? (ex: son) monthly income
Age
Pays some of the
household expenses?
a.
Yes
No
b.
c.
Yes
Yes
No
No
d.
Yes
No
e.
Yes
No
13. Average monthly expenses
a. Home:
(1)
Estimated expenses
Actual expenses
Proposed needs
h. Laundry and cleaning . . . . . . . . . . . . . . $
Rent or
mortgage . . . . . . . $
If mortgage:
i. Clothes . . . . . . . . . . . . . . . . . . . . . . . . . $
(a) average principal:
$
j. Education . . . . . . . . . . . . . . . . . . . . . $
(b) average interest:
$
k. Entertainment, gifts, and vacation . . . . . $
(2) Real property taxes . . . . . . . . . . . . . . . . $
(3) Homeowner's or renter's insurance
(if not included above) . . . . . . . . . . . . . . $
(4) Maintenance and repair . . . . . . . . . . . . $
b. Health-care costs not paid by insurance . . . $
l. Auto expenses and transportation
(insurance, gas, repairs, bus, etc.) . . . . . $
m. Insurance (life, accident, etc.; do not
include auto, home, or health insurance) $
n. Savings and investments . . . . . . . . . . . . $
o. Charitable contributions. . . . . . . . . . . . . . $
c. Child care . . . . . . . . . . . . . . . . . . . . . . . . . . . $
p. Monthly payments listed in item 14
(itemize below in 14 and insert total here) $
d. Groceries and household supplies . . . . . . . . $
q. Other (specify): . . . . . . . . . . . . . . . . . . . . . $
e. Eating out . . . . . . . . . . . . . . . . . . . . . . . . . . . $
f. Utilities (gas, electric, water, trash) . . . . . . . $
r. TOTAL EXPENSES (a–q) (do not add in
the amounts in a(1)(a) and (b))
$
g. Telephone, cell phone, and e-mail . . . . . . . $
s. Amount of expenses paid by others
$
14. Installment payments and debts not listed above
Paid to
For
Amount
Balance
$
$
$
$
$
$
$
$
$
$
$
$
Date of last payment
15. Attorney fees (This is required if either party is requesting attorney fees.):
a. To date, I have paid my attorney this amount for fees and costs (specify): $
b. The source of this money was (specify):
c. I still owe the following fees and costs to my attorney (specify total owed): $
d. My attorney's hourly rate is (specify): $
I confirm this fee arrangement.
Date:
NAME:
(TYPE OR PRINT NAME OF ATTORNEY)
(SIGNATURE OF ATTORNEY)
Page 3 of 4
FL-150
CASE NUMBER:
CHILD SUPPORT INFORMATION
(NOTE: Fill out this page only if your case involves child support.)
16. Number of children
children under the age of 18 with the other parent in this case.
a. I have (specify number):
b. The children spend
percent of their time with me and
percent of their time with the other parent.
(If you're not sure about percentage or it has not been agreed on, please describe your parenting schedule here.)
17. Children's health-care expenses
a.
I do
I do not have health insurance available to me for the children through my job.
b. Name of insurance company:
c. Address of insurance company:
d. The monthly cost for the children's health insurance is or would be (specify): $
(Do not include the amount your employer pays.)
18. Additional expenses for the children in this case
Amount per month
a. Child care so I can work or get job training . . . . . . . . . . . . . . . . . . . . . . . . . $
b. Children's health care not covered by insurance . . . . . . . . . . . . . . . . . . . . . $
c. Travel expenses for visitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
d. Children's educational or other special needs (specify below): . . . . . . . . . . $
19. Special hardships. I ask the court to consider the following special financial circumstances
(attach documentation of any item listed here, including court orders):
Amount per month
For how many months?
a. Extraordinary health expenses not included in 18b . . . . . . . . . . . . . . . . . . $
b. Major losses not covered by insurance (examples: fire, theft, other
insured loss) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
c. (1) Expenses for my minor children who are from other relationships and
are living with me . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(2) Names and ages of those children (specify):
(3) Child support I receive for those children . . . . . . . . . . . . . . . . . . . . . . . $
The expenses listed in a, b, and c create an extreme financial hardship because (explain):
20. Other information I want the court to know concerning support in my case (specify):
Page 4 of 4
FL-334
FOR COURT USE ONLY
FAX NO. (Optional):
TELEPHONE NO.:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
Stanislaus
1100 I Street
PO Box 1098
Modesto, CA 95353
BRANCH NAME:
OTHER PARENT/PARTY:
DECLARATION REGARDING ADDRESS VERIFICATION—
POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY,
VISITATION, OR CHILD SUPPORT ORDER
1.
I am the
attorney for
petitioner
respondent
other parent
CASE NUMBER:
other party
in this matter.
2.
The request is to modify a judgment or permanent order only for child support and a local child support agency is
providing services in the case. Service of the request solely to modify child support will be made on other party by serving
the local child support agency at least 30 days prior to the hearing as provided in Family Code sections 17404(e)(3) and
17406(f).
3.
The request is to modify a judgment or permanent orders for child custody, visitation, or child support.
Note: If you cannot verify the other party’s current residence or office address, mail service may not be used. The other party
must be personally served. Proof of Personal Service (form FL-330) may be used for this purpose.
a. Before the request was served on the other party by mail, I verified in the previous 30 days that the other party’s current
current residence or office address is (specify):
b. I can confirm that the above address is the other party’s current residence or office address because (specify):
(1)
I contacted the other party directly within the past 30 days and he or she gave me the above address.
(2)
I have been at that address in connection with a custody and visitation or other matter within the past 30 days.
(3)
It is the new address that the other party provided on Notice of Change of Address (form MC-040) or other
pleading and filed with the court on (specify date):
(4)
It is the office address that he or she last gave on a document filed with the court in this case which was also
served on me as a party in the case.
(5)
I sent the other party a letter by mail to the address in (2) with return receipt requested and the other party signed
and accepted the letter at that address within the past 30 days.
(6)
I confirmed by another method (specify):
Continued in Attachment 3b(6).
I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
Date:
(SIGNATURE OF PERSON COMPLETING THIS FORM)
Page 1 of 2
FL-334 [New January 1, 2012]
Code of Civil Procedure, §§ 1013, 1013a;
Family Code, §§ 215, 17404, 17406
FL-334
CASE NUMBER:
OTHER PARTY:
NOTICE AND SERVICE INFORMATION
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. Requests to modify a judgment or permanent order for matters other than child custody, visitation, or
child support must be served on the other party by personal service.
If your request is to change a judgment or permanent orders only for child support and a local child support
agency is currently providing services, the other party may be served by mail at the office of the local child
support agency. Where service is made by mail on the local child support agency, the following apply:
1. The local child support agency must be served not less than 30 days before the hearing date.
2. Attach a copy of this completed form to the proof of service by mail; and
3. File this original form at the court clerk’s office.
If your request is to change a judgment or permanent order for child custody, visitation, or child support and
you have verified the other party’s current residence or office address, you must:
1. Complete this form to provide the other party’s current residence or business address and indicate how you obtained
the other party’s current residence or office address.
2. Attach a copy of this completed form to the proof of service by mail; and
3. File this original form at the court clerk’s office.
If you cannot verify the other party’s current residence or office address, mail service may not be used. The
other party must be personally served. Proof of Personal Service (form FL-330) may be used for this purpose.
FL-334 [New January 1, 2012]
Page 2 of 2
FL-335
TELEPHONE NO.:
FOR COURT USE ONLY
FAX NO. (Optional):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
1100 I Street
PO Box 1098
Modesto, CA 95353
BRANCH NAME:
CASE NUMBER:
(If applicable, provide):
HEARING DATE:
OTHER PARENT/PARTY:
HEARING TIME:
PROOF OF SERVICE BY MAIL
DEPT.:
NOTICE: To serve temporary restraining orders you must use personal service (see form FL-330).
1. I am at least 18 years of age, not a party to this action, and I am a resident of or employed in the county where the mailing took
place.
2. My residence or business address is:
3. I served a copy of the following documents (specify):
by enclosing them in an envelope AND
a.
depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b.
placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary
business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service in a sealed envelope with postage fully prepaid.
4.
The envelope was addressed and mailed as follows:
a. Name of person served:
b. Address:
c. Date mailed:
d. Place of mailing (city and state):
5.
6.
I served a request to modify a child custody, visitation, or child support judgment or permanent order which included an
address verification declaration. (Declaration Regarding Address Verification—Postjudgment Request to Modify a Child
Custody, Visitation, or Child Support Order (form FL-334) may be used for this purpose.)
Date:
Page 1 of 1
Code of Civil Procedure, §§ 1013, 1013a
FL-335-INFO
INFORMATION SHEET FOR PROOF OF SERVICE BY MAIL
Use these instructions to complete the Proof of Service by Mail (form FL-335).
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. See the Proof of Personal Service (form FL-330) if the documents are being
personally served. The person who serves the documents must complete a proof of service form for the documents
being served. You cannot serve documents if you are a party to the action.
INSTRUCTIONS FOR THE PERSON WHO SERVES THE DOCUMENTS (TYPE OR PRINT IN BLACK INK)
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.
Complete the top section of the proof of service forms as follows:
First box, left side: In this box print the name, address, and phone number of the person for whom you are serving the
documents.
Second box, left side: Print the name of the county in which the legal action is filed and the court’s address in this box.
Use the same address for the court that is on the documents you are serving.
Third box, left side: Print the names of the petitioner/plaintiff, respondent/defendant, and other parent in this box. Use
the same names listed on the documents you are serving.
First box, top of form, right side: Leave this box blank for the court’s use.
Second box, right side: Print the case number in this box. This number is also stated on the documents you are serving.
Third box, right side: Print the hearing date, time, and department. Use the same information that is on the documents
you are serving.
You cannot serve a temporary restraining order by mail. You must serve those documents by personal service.
1. You are stating that you are at least 18 years old and that you are not a party to this action. You are also stating that
you either live in or are employed in the county where the mailing took place.
2. Print your home or business address.
3. List the name of each document that you mailed (the exact names are listed on the bottoms of the forms).
a. Check this box if you put the documents in the regular U.S. mail.
b. Check this box if you put the documents in the mail at your place of employment.
4. a. Print the name you put on the envelope containing the documents.
b. Print the address you put on the envelope containing the documents.
c. Print the date that you put the envelope containing the documents in the mail.
d. Print the city and state you were in when you mailed the envelope containing the documents.
5. Check this box if you are serving an address verification form (required for service by mail of a postjudgment request to
change a child custody, visitation, or child support order).
6. You are stating under penalty of perjury that the information you have provided is true and correct.
Print your name, fill in the date, and sign the form.
If you need additional assistance with this form, contact the family law facilitator in your county.
Page 1 of 1
FL-335-INFO [New January 1, 2012]
FL-330
ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Family Code, §§ 17400, 17406
(Name, State Bar number, and address):
FOR COURT USE ONLY
FAX NO.:
TELEPHONE NO.:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
1100 I Street
PO Box 1098
Modesto, CA 95353
BRANCH NAME:
CASE NUMBER:
HEARING DATE:
OTHER PARENT/PARTY:
HEARING TIME:
PROOF OF PERSONAL SERVICE
DEPT.:
1. I am at least 18 years old, not a party to this action, and not a protected person listed in any of the orders.
2. Person served (name):
3. I served copies of the following documents (specify):
4. By personally delivering copies to the person served, as follows:
a. Date:
c. Address:
5. I am
a.
b.
c.
b. Time:
not a registered California process server.
a registered California process server.
an employee or independent contractor of a
registered California process server.
d.
e.
exempt from registration under Business & Profession
Code section 22350(b).
a California sheriff or marshal.
6. My name, address, and telephone number, and, if applicable, county of registration and number (specify):
7.
8.
I am a California sheriff or marshal and I certify that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PERSON WHO SERVED THE PAPERS)
(SIGNATURE OF PERSON WHO SERVED THE PAPERS)
Page 1 of 1
PROOF OF PERSONAL SERVICE
Code of Civil Procedure, § 1011
FL-330-INFO
INFORMATION SHEET FOR PROOF OF PERSONAL SERVICE
Use these instructions to complete the Proof of Personal Service (form FL-330).
(1) personal delivery and (2) by mail. See the Proof of Service by Mail (form FL-335) if the documents are being served by
mail. The person who serves the documents must complete a proof of service form for the documents being served. You
cannot serve documents if you are a party to the action.
documents.
you are serving.
1. You are stating that you are over the age of 18 and that you are neither a party of this action nor a protected person
listed in any of the orders.
2. Print the name of the party to whom you handed the documents.
3. List the name of each document that you delivered to the party.
4. a. Write in the date that you delivered the documents to the party.
b. Write in the time of day that you delivered the documents to the party.
c. Print the address where you delivered the documents.
5. Check the box that applies to you. If you are a private person serving the documents for a party, check box “a.”
6. Print your name, address, and telephone number. If applicable, include the county in which you are registered as a
process server and your registration number.
7. You must check this box if you are not a California sheriff or marshal. You are stating under penalty of perjury that the
information you have provided is true and correct.
8. Do not check this box unless you are a California sheriff or marshal.
Page 1 of 1
INFORMATION SHEET FOR PROOF OF PERSONAL SERVICE
Code of Civil Procedure, § 1011
www.stanct.org
(209) 530-3100
Street Address: 1100 I Street Modesto, CA 95353
Mailing Address: P.O. Box 1098 Modesto, CA 95353
Self Help Center: 800 11th Street Room #220 Modesto, CA 95353
(PROVIDING ASSISTANCE TO PARTIES REPRESENTING THEMSELVES)
STOP
The following forms need to be served on the other party BLANK.
Responsive Declaration to
Request for Order
All documents must be typed or printed legibly per Rules of Court 2.104, in blue or black ink.
This packet includes the necessary forms to respond to a Responsive Declaration.
Judicial Council forms, local forms, and information are available in the Clerk’s Office, the
Stanislaus County Law Library located at 1101 13th Street, Modesto, CA and on the following
websites:
Stanislaus County Superior Court: www.stanct.org
Stanislaus County – Local Forms: www.stanct.org/Forms.aspx?id=3
Judicial Council’s Self Help: www.courts.ca.gov/selfhelp.htm
Judicial Council Forms: www.courts.ca.gov/formsrules.htm
Stanislaus County Law Library: www.stanislauslawlibrary.org
Free Interactive Electronic Forms Program: www.icandocs.org/ca/california.html
California’s Free Website for Legal Help: www.lawhelpcalifornia.org
Law Libraries, Websites, or Self-Help Legal Books: www.courts.ca.gov/1091.htm
REQUIRED FORMS:
 FL-320 – Responsive Declaration to Order to Show Cause or Notice of Motion
 FL-335 – Proof of Service by Mail
 FL-321 – Witness List (If you intend to call a witness)
NOTES: If you are responding to orders regarding economic issues (example: child support or
spousal support), you MUST file either an Income and Expense Declaration (FL–150) or a
Financial Statement (FL-155). These forms are available on the Judicial Council’s website at:
www.courts.ca.gov/formsrules.htm, at the clerk’s office or at the Self Help Center. The Income
and Expense Declaration can be typed directly from the website and the calculations will be
computed for you.
Revised 7/1/12
SERVICE: The other party must be served with copies of all documents except for confidential
documents (example: fee waiver). The person who serves the other party with the forms must
complete, date and sign the Proof of Service by Mail.
Parties are encouraged to review and comply with Local Rules regarding Family Law
proceedings. Local Rules can be located on the following Superior Court website:
www.stanct.org.
Material distributed by the Superior Court Clerk’s Office or Self Help Center IS INTENDED FOR
INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Such material is NOT LEGAL ADVICE
and is not intended to be legal advice as to your specific case. IT IS NOT INTENDED TO TAKE THE
PLACE OF LEGAL ADVICE FROM AN ATTORNEY. You are strongly urged to seek the advice of a
licensed attorney before starting or completing your case in order to protect valuable legal rights that you
may have, of which you may be unaware of. Please contact an attorney of your choice or contact the
LAWYERS REFERRAL SERVICE of the Stanislaus County Bar Association at: (209) 571-5727 for a
referral. The Clerk’s Office cannot give you legal advice.
Revised 7/1/12
NOTICE TO ALL PARTIES OF FAMILY LAW TENTATIVE RULINGS
1.
THIS NOTICE MUST BE SERVED ON THE OTHER PARTY ALONG WITH THE
REQUEST FOR ORDER.
2.
THE COURT WILL ISSUE A TENTATIVE RULING ANNOUNCEMENT ON THE COURT
DAY PRIOR TO THE SCHEDULED HEARING ON THE FOLLOWING TYPES OF
REQUESTS FOR ORDERS:
•
•
•
•
•
•
•
3.
•
•
•
•
Request to Compel Discovery
Request to Withdraw as Attorney
Of Record/Counsel
Request for Alternate Valuation
Date
Request to Set Aside
Default/Judgment
Request for Reconsideration of
Order
Request for Bifurcation of Marital
Status/Economics Issues
Request for Joinder of Parties
•
•
•
•
•
•
•
Request to Amend Pleadings
Request for Change of Venue
Request for New Trial
Request to Enforce Judgment
Request to Award or Divide Omitted
Assets or Debts
Request to Modify Judgment
Any Request specifically
determined at Judge’s discretion
RULINGS WILL BE POSTED IN THE FOLLOWING LOCATIONS BY 1:30 PM ON THE
COURT DAY PRIOR TO THE HEARING:
INTERNET: THE TENTATIVE RULING ANNOUNCEMENT WILL BE POSTED ON THE
COURT’S WEBSITE AT THE FOLLOWING LINK: www.stanct.org.
TELEPHONE: TENTATIVE RULINGS ARE NOT AVAILABLE ON A TELEPHONIC RECORDING.
CLERK’S OFFICE LOBBY: CHECK THE POSTING IN THE CLERK’S OFFICE LOBBY.
COURTROOM DOORS: CHECK THE POSTING ON THE OUTER DOOR OF THE ASSIGNED
COURTROOM (DEPARTMENT 13 OR 14 OR 25).
4.
IF THE TENTATIVE RULING IN YOUR CASE IS SATISFACTORY, YOU DO NOT
NEED TO APPEAR at the scheduled hearing time, THE RULING BECOMES FINAL, and
the prevailing party prepares the order.
5.
IF YOU ARE NOT SATISFIED with the Tentative Ruling and wish to appear and argue the
matter, YOU MUST NOTIFY the Clerk’s office and opposing counsel of your intent
BEFORE 4:00 p.m. ON THE COURT DAY PRIOR TO THE SCHEDULED HEARING
DATE to request an actual hearing.
6.
IF YOU WISH TO REQUEST A HEARING, PLEASE CALL THE FAMILY LAW
CALENDAR LINE AT 530-3107 to speak directly with a clerk.
7.
IF YOU ARE NOTIFIED BY THE OTHER PARTY THAT THEY HAVE REQUESTED A
HEARING, YOU MUST APPEAR AT THE SCHEDULED HEARING TIME.
Revised 6/20/12
FL-320
FOR COURT USE ONLY
TELEPHONE NO.:
FAX NO. (Optional):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
1100 I Street
PO Box 1098
Modesto, CA 95353
BRANCH NAME:
OTHER PARTY:
RESPONSIVE DECLARATION TO REQUEST FOR ORDER
HEARING DATE:
TIME:
DEPARTMENT OR ROOM:
1.
CHILD CUSTODY
I consent to the order requested.
a.
b.
I do not consent to the order requested, but I consent to the following order:
2.
CHILD VISITATION (PARENTING TIME)
a.
b.
3.
CHILD SUPPORT
a.
b.
I consent to guideline support.
c.
Guideline
(1)
Other (specify):
(2)
4.
SPOUSAL OR PARTNER SUPPORT
a.
b.
I do not consent to the order requested.
c.
CASE NUMBER:
I consent to the following order:
Page 1 of 2
FL-320 [Rev. July 1, 2012]
www.courts.ca.gov
FL-320
CASE NUMBER:
OTHER PARTY:
5.
ATTORNEY'S FEES AND COSTS
6.
a.
b.
c.
PROPERTY RESTRAINT
a.
b.
c.
PROPERTY CONTROL
a.
b.
7.
c.
8.
OTHER RELIEF
a.
b.
c.
9.
SUPPORTING INFORMATION
Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose).
NOTE: To respond to 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).
I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.
Date:
FL-320 [Rev. July 1, 2012]
(SIGNATURE OF DECLARANT)
Page 2 of 2
MC-025
CASE NUMBER:
SHORT TITLE:
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this
Attachment are made under penalty of perjury.)
MC-025 [Rev. July 1, 2009]
ATTACHMENT
to Judicial Council Form
Page
of
(Add pages as required)
FL-321
FOR COURT USE ONLY
TELEPHONE NO.:
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
1100 I Street
P. O. Box 1098
Modesto, CA 95353
BRANCH NAME:
OTHER PARENT/PARTY:
CASE NUMBER(S):
WITNESS LIST
Request for Order (FL-300)
Attachment to
Petitioner
at the time of
Respondent
hearing or
Name
FL-321 [New July 1, 2012]
Other
trial
Responsive Declaration (FL-320)
Other (specify):
intends to call the following witnesses to testify
scheduled on (date):
Subject and Brief Description of Testimony
WITNESS LIST
Family Code, § 217(c);
Cal.Rules of Court, rule 5.113
www.courts.ca.gov
FL-335
TELEPHONE NO.:
FOR COURT USE ONLY
FAX NO. (Optional):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
1100 I Street
PO Box 1098
Modesto, CA 95353
BRANCH NAME:
CASE NUMBER:
HEARING DATE:
OTHER PARENT/PARTY:
HEARING TIME:
DEPT.:
NOTICE: To serve temporary restraining orders you must use personal service (see form FL-330).
1. I am at least 18 years of age, not a party to this action, and I am a resident of or employed in the county where the mailing took
place.
2. My residence or business address is:
3. I served a copy of the following documents (specify):
by enclosing them in an envelope AND
a.
depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b.
placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary
business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service in a sealed envelope with postage fully prepaid.
4.
The envelope was addressed and mailed as follows:
a. Name of person served:
b. Address:
c. Date mailed:
d. Place of mailing (city and state):
5.
6.
I served a request to modify a child custody, visitation, or child support judgment or permanent order which included an
address verification declaration. (Declaration Regarding Address Verification—Postjudgment Request to Modify a Child
Custody, Visitation, or Child Support Order (form FL-334) may be used for this purpose.)
Date:
Page 1 of 1
FL-335-INFO
Use these instructions to complete the Proof of Service by Mail (form FL-335).
(1) personal delivery and (2) by mail. See the Proof of Personal Service (form FL-330) if the documents are being
personally served. The person who serves the documents must complete a proof of service form for the documents
being served. You cannot serve documents if you are a party to the action.
documents.
you are serving.
You cannot serve a temporary restraining order by mail. You must serve those documents by personal service.
1. You are stating that you are at least 18 years old and that you are not a party to this action. You are also stating that
you either live in or are employed in the county where the mailing took place.
2. Print your home or business address.
3. List the name of each document that you mailed (the exact names are listed on the bottoms of the forms).
a. Check this box if you put the documents in the regular U.S. mail.
b. Check this box if you put the documents in the mail at your place of employment.
4. a. Print the name you put on the envelope containing the documents.
b. Print the address you put on the envelope containing the documents.
c. Print the date that you put the envelope containing the documents in the mail.
d. Print the city and state you were in when you mailed the envelope containing the documents.
5. Check this box if you are serving an address verification form (required for service by mail of a postjudgment request to
change a child custody, visitation, or child support order).
6. You are stating under penalty of perjury that the information you have provided is true and correct.
Page 1 of 1

SUPERIOR COURT OF STANISLAUS COUNTY

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