Fl 312 Form PDF Details

Navigating through the complexities of child custody and preventing abduction is a significant concern for many parents, and the FL-312 form serves as a crucial tool in these circumstances. Designed with the child's safety in mind, this form is a part of California's robust legal framework aiming to prevent child abduction both within and outside its borders. It allows a parent or guardian to request court orders to mitigate the risk of abduction by another parent or guardian. The form covers various contingencies, such as supervised visitation, the prohibition of moving or traveling with the child without permission, and the surrender of passports and other essential documents. It goes further to address the need for notifying other states or countries about travel restrictions, ensuring foreign embassies or consulates are aware of these constraints, and even the requirement of securing a custody and visitation order from a foreign country that aligns with the United States order before any international travel. Filling out the FL-312 form involves providing detailed explanations for concerns, such as a history of non-cooperation in parenting, past threats or violations of custody orders, or actions that suggest a risk of abduction like quitting a job, selling property, or applying for passports. This form acts as a proactive measure, allowing parents to express their fears and request specific preventive actions through the judicial system, highlighting its role in the careful balance between parental rights and the best interests of the child.

QuestionAnswer
Form NameFl 312 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesca fl 312, request prevention, california fl 312, fl 312 court form

How to Fill Out Form FL-312

Form FL-312 at a glance

What it is: Request for Child Abduction Prevention Orders, form FL-312, is not a court order.

Who signs: Sign in (SIGNATURE) and enter the Date; by signing you declare under penalty of perjury that the information on this form is true and correct.

A filled-in Form FL-312 example: a petitioner asks for orders against the respondent

Form FL-312 example filled out, example: a petitioner asks for orders against the respondent
Pat Sample, the petitioner, files Form FL-312 against the respondent, Sam Sample. Pat fears Sam will take the children to Examplia, a foreign country, after violating a custody order. The picture shows page 1, and every value in it is made up. Pat attaches the request to a Request for Order, so the Petition, Response and Other form boxes stay empty. Pat names only Sam, so the Petitioner and Other Parent/Party boxes and the other party name stay empty. Item 3 names only a foreign country, so the county and state boxes stay empty. Sam is a citizen of that country, so Pat checks He or she is a citizen of that country and leaves the family or emotional ties box empty. Pat gives only the violated order, so the other reasons in item 4 stay empty. Pat claims no history of abuse and no criminal record, so those boxes stay empty. Pat asks for no Supervised Visitation (Parenting Time) and no Post a Bond, so those boxes stay empty. Page 2 is not in the picture, so Under penalty of perjury stays empty here.

How to fill out Form FL-312, box by box

Case number, Petitioner, Respondent and Other Parent/Party

Form FL-312 example filled out, case number, Petitioner, Respondent and Other Parent/Party

Fill in CASE NUMBER, PETITIONER, RESPONDENT and OTHER PARENT/PARTY.

Request for Order, Petition, Responsive Declaration to Request for Order, Response or Other

Form FL-312 example filled out, request for Order, Petition, Responsive Declaration to Request for Order, Response or Other

Check Request for Order, Petition, Responsive Declaration to Request for Order, Response or Other(specify).

Your name

Form FL-312 example filled out, your name

Enter Your name.

I request orders to prevent child abduction by

Form FL-312 example filled out, i request orders to prevent child abduction by

I request orders to prevent child abduction by (specify): check Other Parent/Party, Respondent or Petitioner.

Where he or she might take the children

Form FL-312 example filled out, where he or she might take the children

Check all that apply for where he or she might take the children without your permission: another county in California (specify the county), another state (specify the state) or a foreign country (specify the foreign country).

If you check a foreign country, check He or she is a citizen of that country or He or she has family or emotional ties to that country (explain).

Why he or she might take the children: a past violation or no strong ties to California

Form FL-312 example filled out, why he or she might take the children: a past violation or no strong ties to California

Check all that apply for why he or she might take the children without your permission.

Check has violated or threatened to violate a custody or visitation (parenting time) order in the past. Explain.

Check does not have strong ties to California, and explain any work, financial, social, or family situation that makes it easy for the party to leave California.

He or she has recently done things that make it easy to take the children away

Form FL-312 example filled out, he or she has recently done things that make it easy to take the children away

Check has recently done things that make it easy for him or her to take the children away without permission. He or she has (check all that apply):

quit his or her job, closed a bank account, sold his or her home, ended a lease, sold or gotten rid of assets, hidden or destroyed documents, applied for a passport, birth certificate, or school or medical records, or Other (specify).

He or she has a history of abuse or a criminal record

Form FL-312 example filled out, he or she has a history of abuse or a criminal record

Check has a history of (check all that apply and explain your answers in the space provided in this section): domestic violence, child abuse, not cooperating with me in parenting or taking the children without my permission.

Explain your answers to item d.

Check has a criminal record. Explain.

I request the following orders against

Form FL-312 example filled out, i request the following orders against

Specify the Other Parent/Party, Respondent or Petitioner you request orders against.

Supervised Visitation (Parenting Time)

Form FL-312 example filled out, supervised Visitation (Parenting Time)

Check Supervised Visitation (Parenting Time) to ask the court to order supervised visitation (parenting time); the person you request to supervise the visits must meet the qualifications listed in Declaration of Supervised Visitation Provider (form FL-324).

Post a Bond

Form FL-312 example filled out, post a Bond

Post a Bond (6): ask the court to order the posting of a bond and enter the bond in the box after $. If the party takes the children without your permission, you can use this money to bring the children back.

Do Not Move Without My Permission or Court Order

Form FL-312 example filled out, do Not Move Without My Permission or Court Order

Do Not Move Without My Permission or Court Order: ask for a court order preventing the party from moving with the children without your written permission or a court order.

No Travel Without My Permission or Court Order

Form FL-312 example filled out, no Travel Without My Permission or Court Order

No Travel Without My Permission or Court Order: ask for a court order preventing the party from traveling with the children outside (check all that apply) this county, the United States, California or Other (specify) without your written permission or a court order.

Notify Other State of Travel Restrictions

Form FL-312 example filled out, notify Other State of Travel Restrictions

Notify Other State of Travel Restrictions: ask the court to order the party to register this order in the state of (state) and provide the court with proof of the registration before the children can travel to that state for child visitation (parenting time).

Turn In and Do Not Apply for Passports or Other Vital Documents

Form FL-312 example filled out, turn In and Do Not Apply for Passports or Other Vital Documents

Turn In and Do Not Apply for Passports or Other Vital Documents: ask for a court order (check all that apply) requiring the party to turn in all the children's passports and other documents (such as visas, birth certificates, and other documents used for travel) that are in his or her possession and control. Ask for a court order preventing the party from applying for passports or other documents (such as visas or birth certificates) that can be used to travel with the children.

Provide Itinerary and Other Travel Documents

Form FL-312 example filled out, provide Itinerary and Other Travel Documents

Provide Itinerary and Other Travel Documents: if the party is allowed to travel with the children, ask the court to order the party to give you before leaving (specify): the children's travel itinerary. Copies of round-trip airline tickets. Addresses and telephone numbers where the children can be reached at all times. An open airline ticket for you in case the children are not returned. Other (specify).

Notify Foreign Embassy or Consulate of Passport Restrictions

Form FL-312 example filled out, notify Foreign Embassy or Consulate of Passport Restrictions

Notify Foreign Embassy or Consulate of Passport Restrictions: ask the court to order the party to notify the embassy or consulate and to provide the court with proof of that notification within a number of calendar days. Enter the embassy or consulate in the first box and the number of days in the second box.

Foreign Custody and Visitation (Parenting Time) Order

Form FL-312 example filled out, foreign Custody and Visitation (Parenting Time) Order

Foreign Custody and Visitation (Parenting Time) Order: ask the court to order the party to get a custody and visitation (parenting time) order in a foreign country equal to the most recent United States order before the children can travel to that country for visits. Foreign orders may be changed or enforced depending on the laws of that country.

Other (specify)

Form FL-312 example filled out, other (specify)

Other (specify).

Under penalty of perjury

Form FL-312 example filled out, under penalty of perjury

You declare under penalty of perjury under the laws of the State of California that the information on this form is true and correct.

Common questions about Form FL-312

What is form fl 312?

Request for Child Abduction Prevention Orders, form FL-312, is not a court order. Form FL-312 is adopted for mandatory use by the Judicial Council of California under Family Code, § 3048.

Sources

[1] Form FL-312 (Rev. July 1, 2016), Request for Child Abduction Prevention Orders, Judicial Council of California (the Official source link on this page).

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