The California FL-301 form serves as a Notice of Motion for various types of family law matters, such as child custody, child support, spousal support, and more. It is used to inform the court and the opposing party about the specific relief being requested. This form outlines the details of the motion, including the date and time of the hearing, the nature of the request, and any supporting documents that must be filed. By completing this form, you ensure that all parties involved are aware of the proceedings and can prepare accordingly.
When submitting the FL-301 form, you are required to include several supporting documents to substantiate your motion. These typically include:
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Completed Application for Order and Supporting Declaration (form FL-310)
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Completed Income and Expense Declaration (form FL-150)
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Completed Financial Statement (Simplified) (form FL-155)
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Completed Property Declaration (form FL-160)
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Any additional points and authorities relevant to your case
Providing these documents helps the court understand your financial situation and the basis for your request.
To serve the FL-301 form and accompanying documents, you must ensure that they are delivered to the other party in a timely manner. If you are serving by mail, follow these steps:
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Enclose the documents in a sealed envelope with proper postage.
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Mail the envelope to the address of the other party.
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Document the date of mailing and keep a record of the service.
It’s important to remember that if you do not have an order shortening time, the documents must be served at least nine court days before the scheduled hearing. Additionally, if you serve by mail within California, you should add five calendar days to this timeline.
What should I do if child custody or visitation is involved?
If your motion involves child custody or visitation, California law requires mediation before the hearing. This is mandated under Family Code section 3170. You and the other party must attend orientation and mandatory custody services, which are designed to help parents reach an agreement in the best interest of the child. It’s crucial to be aware of these requirements and to comply with them to avoid delays in your case.
No, there are no fees for filing declarations in response to the Notice of Motion, including the Income and Expense Declaration (form FL-150) or the Financial Statement (Simplified) (form FL-155). This is important because it allows you to present your financial situation to the court without the burden of additional costs. Make sure to submit your responsive declarations on time to ensure your voice is heard in the proceedings.