Request For Order (RFO): How To Ask The Court For What You Need

Life changes after a family court order is made. A job loss, a change in a child’s needs, or ongoing problems with a custody arrangement can make an old order difficult to follow.

In California family court, a Request for Order (RFO) is the process for asking a judge to issue a new order or modify an existing one. An RFO filed using Form FL-300 can address issues such as child custody, visitation, child support, spousal support, and other family law matters.

Read on to learn how the RFO process works, what you need to file, and what to expect when asking the court for a change.

Key Takeaways

• An RFO asks a California family judge to issue or modify an order using form FL-300.
• One form can request several orders at once (custody and support together, for example).
• Moving papers must be served at least 16 court days before the hearing, plus days for mail.
• Money requests need a current Income and Expense Declaration (FL-150).
• True emergencies use a separate ex parte path (FL-305) with a high immediate-harm standard.
• If you are served, respond on form FL-320 at least nine court days before the hearing.

A request for order is how you ask a California family court to decide an issue while your case is open, or change an order after it is final. You complete the Request for Order (form FL-300), file it for a hearing date, serve the other person, and argue your side.

The custody schedule or support amount a judge sets at an RFO hearing can govern your family for months. Miss a deadline, and the judge can push the hearing out or decline to rule, costing weeks of support or parenting time.

What Is A Request For Order?

An RFO is the family law version of a motion: the formal way to ask a California judge to enter or modify an order in a pending or post-judgment case.  California Rules of Court, rule 5.92 says so:

“Request for order” has the same meaning as the terms “motion” or “notice of motion.” Form FL-300 must be used to ask for orders, and the request must state facts sufficient to notify the other party of what is being sought.

Common requests include child custody and visitation disputes, child or spousal support, attorney’s fees, and property control. The same form lets you modify an existing custody or support order after judgment, a frequent reason Encino families return.

How The Request For Order Process Works

The process has four steps:

• Fill out form FL-300 for the order you want, plus any attachments.
• File it and get a hearing date, either by paying the fee or by asking for a waiver.
• Serve the other person within the deadlines below.
• Attend the hearing, where the judge decides.

The self-help guide to getting a court order has the full walkthrough. If money is involved, such as child support or fees, also file a current Income and Expense Declaration (FL-150). Responding is usually free, but the first paper filed carries a fee of $435 to $450, with a waiver if you cannot afford it.

How Far Ahead Must You Serve the Other Person?

California has a strict deadline for serving an RFO. Under Code of Civil Procedure section 1005, the request must generally be served and filed at least 16 court days before the hearing. If you serve by mail within California, you usually need to add 5 calendar days.

The difference between court days and calendar days matters. Court days exclude weekends and holidays, while calendar days include every day on the calendar. Missing the deadline can delay your hearing or create problems with your request.

If you cannot meet these times, you can ask for a shortened time for the order, but the judge need not grant it.

Supporting Declarations and Evidence

The attached declaration to your RFO explains why you are seeking a change. California family courts expect specific facts, not general statements. Include important details like dates, amounts, what happened, and the order you want the judge to make.

For support-related requests, your current Income and Expense Declaration (FL-150) is especially important because the court uses it to review financial information. Clear facts and relevant documents are usually more effective than excessive paperwork.

Emergency (Ex Parte) Orders

Some situations cannot wait for a regular hearing date. In those cases, a party may request temporary emergency orders using the required forms, including FL-300 and related documents.

Emergency requests are limited to situations involving immediate harm, serious risk to a person or child, or immediate loss or damage to property. A normal disagreement over custody exchanges, payments, or scheduling usually does not meet that standard.

What To Do If You Were Served With An RFO

Getting served with an RFO means the other person has asked the court to make a decision, and you now have a chance to respond before the hearing.

If you disagree or want the judge to consider your side, you generally respond by filing a Responsive Declaration to Request for Order (Form FL-320) and serving it within the required deadline. If you do nothing, the court can still move forward and make orders based on the information before it.

Keep in mind, a response is meant to address the issues already raised in the RFO. If you want the court to make a separate request or order something new, you usually need to file your own Request for Order (Form FL-300).

Frequently Asked Questions

What happens if I am served with a Request for Order?

You respond on form FL-320, file it, and serve it at least 9 court days before the hearing, then attend. If you do not, the judge can decide without you.

Can I file a Request for Order without a lawyer?

Yes. California’s self-help centers and family law facilitators offer free help. For contested custody or partner support with real money at stake, a specialist preparing the declaration can change the result.

How much does it cost to file a Request for Order?

There is generally no fee to respond, but a first appearance carries a first-paper filing fee of roughly $435 to $450, with a waiver if you cannot afford it.

Need Help With A Request For Order?

A Request for Order can be the right way to ask a California family court to make a decision or change an existing order. The details matter: using the correct forms, meeting service deadlines, and supporting your request with clear facts and evidence can affect how the court views your case.

If you have questions about an RFO or need help preparing for a family court matter, our Encino family law team can review your situation and explain your options.