California, United States · family

How to Respond to a Request for Order in California

Being served with a California Request for Order (Form FL-300) puts your parental rights, custody schedule, and finances on the line under tight court deadlines. Under California Rules of Court, Rule 5.92, you generally have until 9 court days before the hearing to file and serve your Responsive Declaration (Form FL-320). Acting immediately prevents the moving party from obtaining unfair default orders against you.

California Law and Deadlines for Responding to an RFO

In California family law proceedings, when the other party files a Request for Order (Form FL-300), they are asking the superior court to modify custody, adjust child or spousal support, alter visitation, or issue emergency orders. Under California Rules of Court, Rule 5.92 and California Code of Civil Procedure Section 1005, your formal response—the Responsive Declaration (Form FL-320)—must be filed with the court and served on the other party at least 9 court days before the scheduled hearing date.

Court days do not include weekends or official judicial holidays. If service is made by mail within California, Code of Civil Procedure Section 1013 requires an additional 5 calendar days of advance notice, meaning your server must mail the papers well before the 9-court-day cutoff. Ignoring this deadline is disastrous: under California law, if you fail to timely respond or appear, the judge has statutory authority to grant the other party's requests entirely based on their uncontested moving papers.

Selecting and Preparing the Mandatory California Court Forms

Your official response begins with Judicial Council Form FL-320 (Responsive Declaration to Request for Order). On this form, you must go item-by-item through the other party's demands—such as child custody, visitation, child support, spousal support, or property control—and check the box indicating whether you consent, consent to a modified version, or completely oppose their request. You cannot use Form FL-320 to raise entirely new disputes that were not addressed in the original FL-300; California Rules of Court, Rule 5.92(g)(2) requires you to file your own separate Request for Order if you want affirmative relief on unrelated issues.

If the motion involves financial requests such as child support, spousal support, or attorney's fees, California Rules of Court, Rule 5.92(g)(3) mandates that you complete and file an Income and Expense Declaration (Form FL-150) alongside your response. This document requires your two most recent months of pay stubs and your latest federal tax return. If you need to tell your side of the story regarding contested custody or conduct, attach an Attached Declaration (Form MC-031) setting forth factual, non-argumentative statements based on personal knowledge, keeping in mind your statutory right to present live witness testimony under California Family Code Section 217.

Service Requirements, Filing Procedures, and Next Steps

In California, you cannot serve your own legal paperwork. Service must be executed by someone who is at least 18 years old and not a party to the action. Your server may complete personal service or service by mail, provided the appropriate statutory notice periods are met. Once served, the server must fill out and sign either a Proof of Personal Service (Form FL-330) or a Proof of Service by Mail (Form FL-335), which must then be filed with the court clerk before the hearing.

Do not let an aggressive ex-spouse or unreasonable opposing counsel dictate the terms of your family's future through procedural maneuvering. Facing an RFO can feel isolating and overwhelming, but you have clear procedural rights. You can use Caunsel to research California family court procedures, organize and securely store your evidence and financial declarations in a structured case file, or connect directly with an independent California attorney to review your responsive pleadings before the filing deadline.

Steps

• Calculate your strict response deadline immediately by counting backward 9 court days from the hearing date listed on Form FL-300, adding 5 calendar days if serving by mail within California.
• Complete Form FL-320 (Responsive Declaration to Request for Order), addressing each specific request and attaching supporting statements on Form MC-031.
• Complete and attach an Income and Expense Declaration (Form FL-150) along with your two most recent pay stubs if support or attorney fees are at issue.
• Have a non-party adult serve the completed packet on the other party or their attorney, then file your response and signed Proof of Service (Form FL-330 or FL-335) with the court clerk.

Common mistakes

• Serving the response papers yourself, which violates California service statutes and invalidates the filing.
• Failing to file and serve the response at least 9 court days prior to the hearing, which allows the judge to rule without considering your written evidence.
• Attempting to seek relief on unrelated issues on Form FL-320 rather than filing a cross-Request for Order on Form FL-300 as required by California Rules of Court, Rule 5.92.
• Omitting mandatory financial attachments, such as Form FL-150 or pay stubs, when child support, spousal support, or attorney fees are disputed.

Questions people ask

What happens if I miss the 9 court day deadline to file my Responsive Declaration?

Under California Rules of Court, Rule 5.92, late-filed papers may be rejected by the court clerk or disregarded by the judge. The court may proceed with the hearing and make binding custody or financial orders based entirely on the other party's declaration. If you missed the deadline, you must still attend the hearing and orally request a continuance or permission to file late for good cause.

Can I request changes to custody or support if the other party only filed about property?

No. Under California Rules of Court, Rule 5.92(g)(2), your Form FL-320 can only respond to orders requested in the original motion. If you want orders on new, unrelated topics, you must file and serve your own Request for Order (Form FL-300) with its own hearing date.

Can my spouse and I reach an agreement before the California RFO hearing?

Yes. If both parties reach an agreement on the contested issues before the hearing date, you can memorialize the terms in a written Stipulation and Order. Once signed by both parties and the judge, the agreement becomes an enforceable court order, and the hearing date is taken off the court calendar.

General information only, last updated 2026-10-17. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in California, United States.