How a Request for Order (RFO) Works

Almost everything that happens in a family law case before trial, from temporary custody and support to attorney fees and property control, is decided on a Request for Order. If you have a hearing date, this is almost certainly why.

A Request for Order, or RFO, is the family law version of a motion. It is filed on Judicial Council form FL-300 with a declaration setting out the facts, and, when money is at issue, a current income and expense declaration. Under California Code of Civil Procedure § 1005(b), the papers must be served at least sixteen court days before the hearing, with additional time if served by mail. The responding party files a responsive declaration, and the moving party may file a reply. The court reads everything in advance.

The hearing itself is usually short. Many courts decide on the declarations and brief argument; live testimony is available on request but is the exception. In San Diego, matters involving custody and visitation are routed through Family Court Services before the hearing, and the mediator’s recommendation is often in the judge’s hands when the case is called.

Three practical rules. Put the facts in the declaration, because what is not in the papers is usually not considered. Attach the documents that prove what you say. And calendar the dates: a late response can mean the court decides the matter without hearing your side.