The papers and deadlines
The person asking for orders files a Request for Order (form FL-300) with supporting declarations, and it must be served on the other side before the hearing. The other side can file a Responsive Declaration (form FL-320), which is generally due nine court days before the hearing. A reply is generally due five court days before the hearing. Missing these deadlines can mean the judge does not consider your papers.
Custody mediation
When custody or visitation is in dispute, parents are generally required to meet with a Family Court Services counselor before the hearing. In Los Angeles County, the counselor may make a recommendation to the judge. Prepare for this meeting as carefully as you would for the hearing itself.
At the hearing
- Arrive early or check in on time if you are appearing remotely. Many cases are called on the same morning.
- The judge has usually read the papers. Hearings are often short, so the written declarations matter a great deal.
- Speak to the judge, not to the other party, and do not interrupt.
- Dress as you would for a serious business meeting, and bring copies of everything you filed.
After the hearing
The judge may decide the issues that day, continue the hearing to a later date, or take the matter under submission and rule later. The orders are then written up in a Findings and Order After Hearing (form FL-340), usually prepared by one side and approved by the other before it is signed by the judge.
Temporary emergency orders
If there is an immediate risk of harm to a child or of property being removed, a party can ask for temporary emergency orders before the full hearing. These require notice to the other side except in limited situations.
Family Code §§ 3170, 3183 · Code of Civil Procedure § 1005 · California Rules of Court, rules 5.92, 5.151
This guide is general information about California family law, not legal advice for your situation. Every case is different.