By H. William Edgar | Edgar & Dow
A custody Request for Order should identify the exact orders you want; the supporting declaration should explain the facts that justify them. State dates, describe what you personally know, and connect relevant records to the requested relief. The California Courts Request for Order guide explains the filing process and available forms.
Before I draft a custody declaration, I write down what I want the judge to order. A request to enforce a Friday exchange reads very differently from a request to change the child’s school-week residence. The facts I put in the declaration should give the court a reason to make the specific order we’re asking for.
For a Request for Order, form FL-300 identifies the relief and FL-311 can provide custody and parenting-time details. Write proposed terms with start and end times, exchange locations, transportation, and a fallback for school closures. If the case involves a prior order, identify the date and paragraphs you want changed. A proposal the judge can adopt gives the declaration a clear purpose.
California Rules of Court, rule 5.113 implements Family Code § 217. The court ordinarily receives relevant, competent live testimony within the scope of the hearing unless the parties stipulate otherwise or the court finds good cause. I prepare the papers to frame the issues and prepare for testimony if the judge needs to resolve a factual dispute.
Describe what happened using dates and firsthand knowledge. Attach the few exhibits that establish key points. If a Friday exchange repeatedly fails, show the order, the dates, the messages, and the proposed alternative. Explain the effect on the child. Avoid trying to prove every disagreement in the relationship. If the case requires changed circumstances, identify those facts and how the requested change serves the child.
Follow filing, service, and local Family Court Services instructions. Bring the same requested schedule to counseling unless you have updated your position and can explain why. Before the hearing, review Family Code section 217 and rule 5.113 if testimony matters, including notice for nonparty witnesses. Make a short list of issues still disputed and what you want the court to order on each.
California Rule of Court 5.113 requires a witness list for proposed nonparty testimony at a Request for Order hearing. It should briefly describe the proposed testimony. Discuss filing and service with counsel before the hearing, especially if the witness is a teacher, provider, or exchange supervisor. California Rule of Court 5.113.
If the goal is alternating weekends through Monday school drop-off, include the start date, where Friday pickup occurs, who drives Monday morning, and what happens when school is closed. The declaration can then explain the child’s route, the parent’s work schedule, and the history supporting the request. The court can evaluate a proposal it could actually put into an order.
A parent wants to replace an uncertain weekday exchange with a set school pickup. The current order uses flexible language and the parties have different expectations whenever school releases early.
Write a specific replacement paragraph with the day, time, place, driver, and backup for closures. Use dates and complete messages to show how the problem arose and what effect it had on the child. Add the actual school calendar and describe what the proposed schedule changes.
Prepare the same timeline for counsel, Family Court Services, and the hearing while following the rules governing what may be submitted in each setting. If a witness has direct knowledge, review witness notice and testimony procedures. When the judge rules, check whether the final order contains the fallback you requested.
Use the declaration to explain your firsthand observations, dates, and the effect on the child. Use exhibits to substantiate specific points. A highlighted screenshot may help identify a message, but the declaration should explain who sent it and why it matters.
Confirm the hearing date and applicable response and reply requirements. Review any opposing request and decide which facts are actually disputed. Bring the proposed order, supporting documents, and witness information to counsel well before the hearing.
Write one sentence for each decision before you fill out the form. “I want the Friday exchange to occur at school at dismissal” identifies a term the court can adopt. “The other parent makes exchanges difficult” describes a problem the court still needs you to translate into an order. If the dispute involves legal custody, identify the specific decision, the deadline, and what authority you need in the meantime.
Put the requests in order of importance. An immediate school deadline may require a different timetable from a long-term holiday dispute. If there is an existing custody order, quote or attach the relevant term and say whether you want it replaced or supplemented. If a protective order governs contact or exchanges, make sure the proposed terms account for it.
Suppose the filed order requires pickup at 5 p.m. at the other parent’s home. You want pickup at school on Fridays because the child has missed three exchanges during the semester. State the date of the order, the dates you personally appeared for pickup, and what happened on each date. Explain how you know the school can accommodate pickup and how the plan affects the child’s afternoon. Identify the messages and school documents that support those facts.
The proposed order can then say when the new arrangement starts, which Fridays it applies to, and who picks up the child. A separate sentence can set the location and time when school is closed. If the main request is denied, a fallback exchange location may solve the same practical problem. Give the court enough evidence to evaluate both options.
Use dates and examples that matter to the particular decision. A declaration should distinguish what you saw from what another person reported. If a teacher, counselor, or other witness has relevant information, discuss with counsel whether it can come in through records, a stipulation, or testimony. Avoid including confidential material in an exhibit merely because it would help explain the dispute.
Read the response against the actual requests. Mark each item as agreed or disputed and identify the factual disagreement that matters to the proposed order. If both parents agree on pickup at school but disagree about the holiday fallback, focus hearing preparation on the fallback and how each option would work for the child.
Review whether any relief you seek requires its own Request for Order. California Courts explains that when a response asks for a different kind of order outside the other party’s request, a separate request may be necessary. The scope of the filed request affects what the court can decide at the hearing. California Courts guide to responding to a Request for Order.
Before the counseling session, practice explaining the proposed schedule in a few sentences. Describe the child’s routine, the specific problem, and the term that would fix it. If one parent proposes a different exchange location, be ready to compare the drive, school dismissal, and availability of the adults who will carry out the plan.
In a recommending county, a recommendation may reach the judge when the parents cannot resolve the dispute. Keep your filed request and proposed schedule clear enough to stand on their own. Review any recommendation you receive against the orders requested and identify what you agree with, what you contest, and the evidence supporting your position. In confidential mediation, use the appointment to reach agreement where possible and prepare the same evidence for unresolved issues.
If you need testimony at the hearing, discuss who can testify, what issue their testimony addresses, and any notice required for a nonparty witness. California Rule of Court 5.113 implements Family Code section 217 and explains when the court receives relevant live testimony and when it may make a good-cause finding to proceed without it. California Rule of Court 5.113.
After the judge rules, verify the written order against the ruling. Check the first exchange date, the person responsible for transportation, and any holiday or school-closure exception. If a new term replaces an older one, make sure the orders can be read together without confusion. If the court set a further hearing or made a temporary order, put that date and any required step on your calendar.
Bring a copy of the filed Request for Order, all attachments, any response, proof of service, and the current custody orders. Include the Family Court Services notice and any recommendation you are allowed to share with counsel. Put the documents in date order and mark the pages that establish each contested fact. A short index is useful when the judge asks where a particular date or requirement appears.
Bring both a one-page timeline and a proposed schedule. The timeline should identify the order, the key events, and the upcoming deadline. The schedule should show the child’s school week, weekends, and any change to transportation. If you are asking for several provisions, place the evidence for each next to the proposed term so counsel can see where the showing is strong and where a witness or document is still needed.
California Rules of Court, rule 5.92 (requests for order)
Explore the California Child Custody and Visitation Library for more guides on getting started.
How Do I Change a Child Custody or Visitation Order in California?
How Do I Get My First Child Custody and Visitation Order in California?
What Happens at CCRC in Riverside and San Bernardino County?
Can Text Messages and Social Media Posts Be Used in a California Custody Case?
What happens at a contested custody trial
How Do Unmarried Parents Get Custody and Visitation Orders in California?
What Can I Do if My Co-Parent Does Not Return Our Child After Visitation?
If you have a custody request to file or respond to, contact Edgar & Dow to schedule a consultation. Bring the current orders, the facts affecting your child, and the next deadline so we can assess what relief fits your case.
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