Fl 305 Form PDF Details

In the realm of family law, the capacity to swiftly address urgent situations is paramount, a principle embodied by the FL-305 form, or Temporary Emergency (Ex Parte) Orders form. This document is a cornerstone in California's family law system, facilitating prompt judicial intervention in situations necessitating immediate attention. Typically, it comes into play when issues of child custody, visitation rights, control of property, or other urgent family matters arise that cannot wait for a regular court hearing. The FL-305 enables a petitioner to seek and potentially obtain emergency orders from the court to prevent imminent loss or harm to a party or children involved in the case, prevent immediate damage to or loss of property, or modify procedures for upcoming hearings or trials. It encompasses decisions on temporary physical custody and visitation rights, imposes potential travel restrictions to prevent child abduction, and covers temporary control and responsibility for property and financial obligations. The form demands comprehensive identification of all parties involved, the specific nature of the request, and substantiated reasons justifying the need for emergency intervention. The orders issued via this form are provisional, expiring at the next court hearing unless extended by the court, making the FL-305 a critical tool for emergency interim relief in family law disputes. Highlighting its significance, this mechanism underscores the balance between the need for swift judicial response in crises and the safeguarding of due process for all parties.

QuestionAnswer
Form NameFl 305 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesex parte forms form, ex parte custody orders, ex parte form application, how emergency parte motion

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FL-305

ATTORNEY OR PARTY WITHOUT ATTORNEY

STATE BAR NUMBER:

FOR COURT USE ONLY

NAME:

 

 

 

FIRM NAME:

 

 

 

STREET ADDRESS:

 

 

 

CITY:

STATE:

ZIP CODE:

 

TELEPHONE NO.:

FAX NO.:

 

 

E-MAIL ADDRESS:

 

 

 

ATTORNEY FOR (name):

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER:

RESPONDENT:

OTHER PARENT/PARTY:

 

 

TEMPORARY EMERGENCY (EX PARTE) ORDERS

CASE NUMBER:

 

 

 

 

 

 

 

 

 

 

Child Custody

 

Visitation (Parenting Time)

 

Property Control

 

 

 

 

 

 

 

 

Other (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. TO (NAME(S)):

 

 

 

 

 

 

Petitioner

Respondent

Other Parent/Party

 

Other (specify):

A court hearing will be held on the Request for Order (form FL-300) served with this order, as follows:

a.Date:

b.Address of court

Time:

same as noted above

Dept.:

other (specify):

Room:

2.Findings: Temporary emergency (ex parte) orders are needed to: (a) help prevent an immediate loss or irreparable harm to a party or to children in the case, (b) help prevent immediate loss or damage to property subject to disposition in the case, or (c) set or change procedures for a hearing or trial.

COURT ORDERS: The following temporary emergency orders expire on the date and time of the hearing scheduled in (1), unless extended by court order:

3.

 

CHILD CUSTODY

 

Temporary physical custody, care, and control to:

 

a. Child's name

 

 

Date of Birth

Petitioner Respondent Other Party/Parent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

Continued on Attachment 3(a)

Visitation (Parenting Time) The temporary orders for physical custody, care, and control of the minor children in

(3) are subject to the other party's or parties' rights of visitation (parenting time) as follows (specify):

See Attachment 3(b)

THIS IS A COURT ORDER.

Page 1 of 2

Form Adopted for Mandatory Use Judicial Council of California FL-305 [Rev. July 1, 2016]

TEMPORARY EMERGENCY (EX PARTE) ORDERS

Family Code, §§ 2045, 3062–3064, Cal. Rules of Court, rules 5.151–5.169 www.courts.ca.gov

FL-305

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

3.

CHILD CUSTODY (continued)

c.Travel restrictions

(1)The party or parties with temporary physical custody, care, and control of minor children must not remove the minor children from the state of California unless the court allows it after a noticed hearing.

(2)

Petitioner

(a)

(b)

(c)

Respondent

 

Other Parent/Party must not remove their minor children (specify):

from the state of California.

from the following counties (specify): other (specify):

4.

5.

6.

d.

 

Child abduction prevention orders are attached (see form FL-341(B)).

e.(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 (specify):

The United States of America

 

Other (specify):

(4)If you violate this order, you may be subject to civil or criminal penalties, or both.

 

PROPERTY CONTROL

 

 

 

 

 

 

 

 

a.

 

Petitioner

 

Respondent

 

Other Parent/Party is given exclusive temporary use, possession, and

 

 

 

 

 

 

control of the following property that the parties

 

own or are buying

 

lease or rent

 

 

 

 

 

b.

 

Petitioner

 

 

Respondent

 

Other Parent/Party

is ordered to make the following payments on the liens

 

 

and encumbrances coming due while the order is in effect:

 

 

 

 

 

 

Pay to:

 

For:

Amount: $

Due date:

 

 

Pay to:

 

For:

Amount: $

Due date:

 

 

Pay to:

 

For:

Amount: $

Due date:

 

 

Pay to:

 

For:

Amount: $

Due date:

 

All other existing orders, not in conflict with these temporary emergency orders, remain in full force and effect.

 

 

OTHER ORDERS (specify):

 

 

 

 

 

 

Additional orders are listed in Attachment 6.

 

 

 

 

 

 

 

Date:

JUDGE OF THE SUPERIOR COURT

THIS IS A COURT ORDER.

FL-305 [Rev. July 1, 2016]

TEMPORARY EMERGENCY (EX PARTE) ORDERS

Page 2 of 2

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parte court completion process outlined (portion 1)

2. After this section is completed, proceed to enter the relevant information in these - A court hearing will be held on, Date, Time, Dept, Room, Address of court, same as noted above, other, specify, Findings Temporary emergency ex, COURT ORDERS The following, CHILD CUSTODY, Childs name, Date of Birth, and Temporary physical custody care.

parte court conclusion process outlined (stage 2)

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parte court completion process detailed (step 3)

4. To go forward, the following section requires filling out a handful of fields. Examples of these are PETITIONER RESPONDENT OTHER, CHILD CUSTODY continued, CASE NUMBER, Travel restrictions, The party or parties with, Petitioner a b c, Respondent, Other ParentParty must not remove, from the state of California from, Child abduction prevention orders, Jurisdiction This court has, Jurisdiction and Enforcement Act, Notice and opportunity to be heard, Country of habitual residence The, and The United States of America, which you'll find crucial to going forward with this particular document.

Completing section 4 in parte court

5. While you draw near to the end of the file, you'll find a few extra requirements that need to be met. Particularly, Petitioner, Respondent, Other ParentParty is given, control of the following property, own or are buying, lease or rent, Petitioner, Respondent, Other ParentParty is ordered to, and encumbrances coming due while, Pay to, Pay to, Pay to, Pay to, and For should be filled in.

For, lease or rent, and Pay to inside parte court

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