Navigating family law proceedings can be complex and emotionally taxing, especially when it involves sensitive issues like child custody, visitation rights, child and spousal support, and the division of property. In such circumstances, the FL-310 form stands out as a critical document designed to aid individuals in requesting various orders from the court pending a full hearing. This form allows petitioners to seek temporary orders for child custody, specifying the details of legal and physical custody arrangements, and to modify existing orders based on new information or circumstances. It also addresses child visitation rights, child support amounts that deviate from standard guidelines, and adjustments to spousal or partner support, whether it's an increase, decrease, or termination of previously established amounts. Furthermore, the FL-310 encompasses requests for attorney fees and costs, illustrating its comprehensive nature in addressing multiple facets of family law proceedings at a preliminary stage. Additionally, for those concerned with the immediate restraint on property transactions or changes in insurance coverage, it provides specific sections to protect assets and financial interests until a hearing can determine a more permanent solution. This form requires a detailed supporting declaration, underscoring the applicant's narrative with facts to justify the request for temporary orders, making it a pivotal document in the preparatory stages of family law litigation.
| Question | Answer |
|---|---|
| Form Name | Form Fl 310 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | hypothecating, FL-310, fillab e fprm fl 310, encumbrances |
PETITIONER:
RESPONDENT:
CASE NUMBER:
1.
2.
3.
APPLICATION FOR ORDER AND SUPPORTING DECLARATION
|
|
|
|
|
|
|
|
|
|||
Petitioner |
|
|
Respondent |
|
|
Claimant |
requests the following orders: |
||||
|
CHILD CUSTODY |
|
|
|
To be ordered pending the hearing |
|
|||||
|
|
|
|
|
|||||||
|
a. Child (name, age) |
b. Legal custody to |
|
c. Physical custody to |
|||||||
|
|
|
|
|
|
|
(person who makes decisions |
(person with whom child lives.) |
|||
|
|
|
|
|
|
|
about health, education, etc.) (name) |
(name) |
|||
Modify existing order
(1) filed on (date):
(2) ordering (specify):
As requested in form |
|
|
|
|
|
|
|
|
|
|||||||||||
CHILD VISITATION |
|
|
To be ordered pending the hearing |
|
|
|
|
|||||||||||||
|
|
|
|
|
|
|||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
a. As requested in: (1) |
|
|
|
Attachment 2a (2) |
|
|
|
Form |
|
Other (specify): |
||||||||||
b. |
|
Modify existing order |
|
|
|
|
|
|
|
|
|
|
|
|
||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||||
(1)filed on (date):
(2)ordering (specify):
c. |
|
|
One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you |
|||||||||
have one.) The orders are from the following court or courts (specify county and state): |
||||||||||||
(1) |
|
|
Criminal: County/state: |
|
(3) |
|
Juvenile: County/state: |
|
||||
|
|
|
||||||||||
|
|
|
|
Case No. (if known): |
|
|
|
|
|
Case No. (if known): |
|
|
(2) |
|
|
Family: County/state: |
|
|
(4) |
|
Other: County/state: |
|
|||
|
|
|
||||||||||
|
|
|
|
Case No. (if known): |
|
|
|
|
|
Case No. (if known): |
|
|
CHILD SUPPORT (An earnings assignment order may be issued.) |
|
|
|
|
||||||||
a. Child (name, age) |
b. Monthly amount (if not by guideline) |
|||||||||||
|
|
|
|
|
|
$ |
|
|
|
|
|
|
4.
5.
c. |
|
Modify existing order |
|
|
(1) filed on (date): |
|
|
(2) ordering (specify): |
SPOUSAL OR PARTNER SUPPORT (An earnings assignment order may be issued.)
a. |
|
Amount requested (monthly): $ |
c. |
|
Modify existing order |
b. |
|
Terminate existing order |
|
|
(1) filed on (date): |
|
|
|
|||
|
|
|
|||
|
|
(1) filed on (date): |
|
|
(2) ordering (specify): |
(2)ordering (specify):
ATTORNEY FEES AND COSTS a. |
|
Fees: $ |
b. |
|
Costs: $ |
NOTE: To obtain domestic violence restraining orders, you must use the forms Request for Order (Domestic Violence Prevention) (form
(Domestic Violence Prevention) (form
|
|
Page 1 of 2 |
|
Form Adopted for Mandatory Use |
APPLICATION FOR ORDER AND SUPPORTING DECLARATION |
Family Code, §§ 2045, 6224, 6226, |
|
Judicial Council of California |
|||
|
|||
|
|
PETITIONER:
RESPONDENT:
CASE NUMBER:
6.
7.
PROPERTY RESTRAINT |
|
|
|
To be ordered pending the hearing |
||||||
a. The |
|
petitioner |
|
respondent |
|
claimant is restrained from transferring, encumbering, hypothecating, |
||||
|
|
|
||||||||
concealing, or in any way disposing of any property, real or personal, whether community, |
||||||||||
separate, except in the usual course of business or for the necessities of life. |
||||||||||
|
|
|
The applicant will be notified at least five business days before any proposed extraordinary expenditures, |
|||||||
|
|
|
||||||||
|
|
|
and an accounting of such will be made to the court. |
|||||||
|
Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or |
|||||||||
b. |
|
|
||||||||
|
|
|
changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, |
|||||||
|
|
|
held for the benefit of the parties or their minor children. |
|||||||
|
Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the |
|||||||||
c. |
|
|
||||||||
|
|
|
ordinary course of business or for the necessities of life. |
|||||||
PROPERTY CONTROL |
|
|
|
To be ordered pending the hearing |
||
a. |
|
The petitioner |
|
respondent is given the exclusive temporary use, possession, and control of the following |
||
|
|
|||||
|
|
property that we own or are buying (specify): |
||||
b.
The petitioner |
|
respondent |
is ordered to make the following payments on liens and encumbrances coming |
|
due while the order is in effect: |
|
|
||
Debt |
|
|
Amount of payment |
Pay to |
8.
9.
I request that time for service of the Order to Show Cause and accompanying papers be shortened so that these documents
may be served no less than (specify number): days before the time set for the hearing. I need to have the order shortening time because of the facts specified in the attached declaration.
OTHER RELIEF (specify):
10.
FACTS IN SUPPORT of relief requested and change of circumstances for any modification are (specify): contained in the attached declaration.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(TYPE OR PRINT NAME) |
(SIGNATURE OF APPLICANT) |
|
|
APPLICATION FOR ORDER AND SUPPORTING DECLARATION
Page 2 of 2