Torrance, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: My TRO granted, but reserved until "RFO".

Today my TRO was, in fact, granted, but the judge reserved it until I file an RFO, as noted on the DV-109. I am confident that the judge will assist me. However, I was not familiar with the RFO form, and the judge's assistant instructed me to file FL-300 instead. My wife, who is a foreign national, took our 3-year-old child with autism and mental retardation without my consent and took their US/RUS passports and birth certificates. On February 21st, I filed a petition (FL-260) and an Ex parte (FL-300) together, but the Ex parte was denied due to no proof of service. Since the Ex parte FL-300 was denied, I did not realize at the time that the RFO the judge mentioned was FL-300. However, I am grateful that the judge is willing to help me locate my child. I learned that with TRO only, I cannot prevent them from traveling internationally, so I must file FL-300 tomorrow. What form with fl300 package do I need to fill out tonight? and at this time, I don't need to serve FL-300?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: It sounds like you are going through a difficult time, and I understand that this can be confusing and overwhelming. In regards to your question, it's best to consult with an attorney who specializes in family law and has experience with these types of cases. However, here is some general information that may be helpful:

The FL-300 form is a Request for Order, which is used to request orders from the court for issues related to child custody, visitation, child support, spousal support, property division, and other related matters. If the judge has instructed you to file an RFO using the FL-300 form, then that is the correct form to use.

When filing the FL-300 form, you will need to include a declaration that explains why you are requesting the order and the relief that you are seeking. You may also need to include supporting documents, such as evidence of your child's condition, documentation related to their passports, and any other relevant information.

As for service, you will need to serve the FL-300 form on your spouse or their attorney if they have one. If your spouse is not in the United States, there are specific procedures that you will need to follow for service of process.

Again, it's important to seek the guidance of an experienced attorney who can assist you with the process and ensure that you are taking the appropriate steps to protect your rights and your child's well-being.

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