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The FL-310 form serves an essential function in the California family law system, specifically for individuals involved in custody and support cases. It is a responsive declaration used by a party to address requests for rescheduling a court hearing. Completing this form requires essential information such as the names and addresses of the involved parties, including the petitioner and respondent, as well as any attorney representation. Individuals filling out the FL-310 need to indicate whether they consent to the rescheduling and may also propose alternative dates. Additionally, the form prompts the individual to clarify if the request includes any temporary emergency orders previously issued. Overall, the FL-310 is a crucial tool that helps streamline communication between parties and the court while ensuring that requests to change hearing dates are handled appropriately. Understanding how to fill out and submit this form correctly is vital for maintaining the legal process in family matters.

Form Sample

FL-310

PARTY WITHOUT ATTORNEY OR ATTORNEY

STATE BAR NUMBER:

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (name):

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT/PARTY:

RESPONSIVE DECLARATION TO

REQUEST TO RESCHEDULE HEARING

FOR COURT USE ONLY

CASE NUMBER:

Notice: Read How to Reschedule a Hearing in Family Court (form FL-304-INFO) before you complete this form.

INFORMATION ABOUT THE HEARING

1.The person asking to reschedule the hearing is (name):

2.The hearing is currently set for (date):

3. The request to reschedule

 

includes

 

does not include

temporary emergency (ex parte) orders previously issued.

 

 

RESPONSE TO REQUEST TO RESCHEDULE HEARING

4.I (select a or b)

a. consent to an order to reschedule the hearing.

request that the hearing date be rescheduled as follows:

(1) After (specify date):

(2) On a date I am available, which does not include (specify dates):

(3)

Other (specify):

b.

do not consent to an order to reschedule the hearing for the following reasons (specify):

Attachment 4b

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

Page 1 of 1

Form Approved for Optional Use Judicial Council of California FL-310 [New July 1, 2020]

RESPONSIVE DECLARATION TO

REQUEST TO RESCHEDULE HEARING

(Family Law—Governmental—Uniform Parentage—Custody and Support)

Family Code, § 245 Cal. Rules of Court, rule 5.95

www.courts.ca.gov

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Document Specifications

Fact Name Fact
Purpose The FL-310 form is used to respond to a request to reschedule a hearing in family court cases, including child custody and support matters.
Governing Law This form is governed by the California Family Code, specifically section 245, which governs family law proceedings.
Mandatory Information Completing the FL-310 requires specific details, including the current hearing date and the person requesting the rescheduling.
Consent Requirement The respondent must indicate either consent to the rescheduling or provide reasons for opposing the request.
Date Declaration The person submitting the form must declare under penalty of perjury that the information provided is accurate and true.
Form Approval The FL-310 form is approved for optional use by the Judicial Council of California, making it a standardized document for family law cases.
Privacy Notice The form includes a reminder for users to protect their privacy by clearing their information after printing.

Steps to Filling Out Fl 310

Once you have gathered the necessary information, you can begin filling out the FL 310 form. This form will help you respond to a request to reschedule a hearing related to your family law case. Follow these steps carefully to ensure accuracy.

  1. At the top of the form, enter your name and any attorney information, including the state bar number, if applicable.
  2. Complete the section for your address, including street address, city, state, and zip code.
  3. Provide your phone number, fax number, and email address.
  4. Identify the attorney representing you, if applicable, by entering their name.
  5. Fill out the court's information, including the street address, mailing address, city and zip code, and branch name.
  6. List the names of the Petitioner/Plaintiff, Respondent/Defendant, and other parent/party involved in the case.
  7. Under "Information About the Hearing," write the name of the person requesting to reschedule the hearing.
  8. Indicate the current date of the hearing.
  9. Check the appropriate box to state whether your request includes temporary emergency orders.
  10. In the "Response to Request to Reschedule Hearing" section, select a or b:
  11. If you select "a," provide your consent to reschedule and specify the new dates. Fill in any required details regarding availability or other suggestions.
  12. If you select "b," explain why you do not consent to the rescheduling.
  13. Sign and date the form where indicated, ensuring your printed name appears clearly.

More About Fl 310

What is the FL-310 form used for?

The FL-310 form is used in California family law cases. Specifically, it serves as a responsive declaration to a request for rescheduling a court hearing. This form allows parties involved in family law matters to communicate their agreement or disagreement regarding a new hearing date.

Who should fill out the FL-310 form?

This form should be completed by either a party involved in a family law case or their attorney. If an attorney is involved, the attorney's name and state bar number must be included. It's important for the individual or attorney filing the form to provide accurate information regarding their appearance at the hearing.

What information is required on the FL-310 form?

Essential information on the FL-310 includes the names of the petitioner or plaintiff, the respondent or defendant, and any other parties involved. It also requests details about the current hearing date and the reasons for rescheduling. If the hearing includes temporary emergency orders, that information must also be indicated.

What happens if I do not consent to rescheduling the hearing?

If you do not consent to rescheduling, you must specify your reasons on the form. This is an important part of the FL-310, as it allows you to formally register your objections and provide the court with the necessary information to understand your stance.

Can I request a specific new date for the hearing?

Yes, if you consent to rescheduling the hearing, you can request specific dates that work for you. This includes a date after a specified time or on dates you are not available. It is important to make your preferences clear to facilitate the rescheduling process.

Do I need to sign the FL-310 form?

Yes, the form must be signed to be valid. By signing, you declare that the information provided is true and correct under penalty of perjury. This adds a level of accountability to the information submitted.

Where do I submit the FL-310 form?

The FL-310 form should be submitted to the Superior Court of California, County of the court handling your case. Make sure to file it by any deadlines specified by the court to ensure your request is considered.

Common mistakes

  1. Failing to include the required personal information, such as the party's name, address, and contact details, can lead to delays and complications in processing the form.

  2. Not indicating consent or non-consent to rescheduling. Selecting option "a" or "b" incorrectly can affect the outcome of the request.

  3. Omitting to state the specific reasons for not consenting if choosing option "b" can result in the request being denied or delayed. Clear justification is essential.

  4. Leaving the area that specifies the new proposed hearing date or available dates blank can create confusion and hinder the scheduling process.

  5. Forgetting to sign the form before submission can render it invalid. The signature must be present to affirm the authenticity of the information provided.

  6. Not adhering to the official format required by the court can cause complications. This includes ensuring all additional attachments are clearly labeled and included.

  7. Missing the deadline for submitting the request to reschedule can prevent the matter from being heard in a timely manner.

  8. Neglecting to read the instructions thoroughly, such as those provided in form FL-304-INFO, can lead to mistakes that could have been avoided.

Documents used along the form

When navigating family law matters in California, the FL-310 form is often accompanied by other important documents. Each of these documents serves a specific purpose during the process, helping to ensure that all parties involved are on the same page and adhering to court procedures. Below is a brief overview of some of these commonly used forms.

  • FL-304-INFO: This document provides helpful information on how to reschedule a hearing in family court. It outlines the steps a party must follow and the necessary considerations when making such a request, ensuring that individuals understand their options and responsibilities effectively.
  • FL-300: Known as the "Request for Order," this form is used to ask the court for specific orders related to issues such as child custody, visitation, or support. It's a critical starting point when one party seeks to make changes to existing arrangements or create new orders.
  • FL-290: This is the "Response to Request for Order" form, which allows the other party to respond to the request made with the FL-300. It enables parties to express their agreement or disagreement regarding the proposed orders, fostering communication and clarity in the proceedings.
  • FL-150: The "Income and Expense Declaration" is required to provide the court with an overview of a party's financial situation. This form is particularly important in cases involving support, as it helps the court assess the financial needs and capabilities of both parties.

Understanding these associated documents can significantly enhance your preparedness and confidence as you navigate family court processes. Each form plays a vital role in promoting clear communication and ensuring equitable outcomes for all parties involved. It's always wise to consult with experts or legal advisors to ensure that you are using these forms correctly and effectively.

Similar forms

The FL-310 form, known as the Responsive Declaration to Request to Reschedule Hearing, shares some similarities with the FL-300 form, which is a Request for Orders. Both forms serve as methods for parties in family law cases to communicate their requests to the court. In each instance, the forms require the involved parties to provide specific details about their cases and any proposed changes to dates or arrangements. Additionally, both documents allow individuals to express consent or objections to proposed changes, ensuring that all voices are considered by the court.

The FL-302 form, designated as the Declaration of Disclosure, also relates closely to the FL-310. This document is essential in providing the court with financial information relevant to custody or support proceedings. Like the FL-310, the FL-302 emphasizes the importance of transparency and accountability. Each form contains sections that require the individual to attest to the truthfulness of the information provided, reinforcing the commitment to honest dealings within the family court system.

Another document that mirrors the FL-310 is the FL-304 form, which pertains to requests for continuance. The FL-304 serves as a means for a party to formally request a postponement of hearings due to various circumstances. Both forms require a clear explanation of why adjustments are necessary, ensuring the court can evaluate the requests effectively. Each document seeks to ensure that hearings are conducted fairly while accommodating the needs of involved parties.

The FL-230 form, or the Declaration Regarding Service of Declaration of Disclosure, is similar to the FL-310 in that it addresses procedural matters in family law cases. While the FL-230 focuses primarily on confirming that all parties have received necessary documents, the FL-310 is more about rescheduling hearings. Both forms require declarations made under penalty of perjury, emphasizing the credibility of the stated claims and ensuring accountability in the legal process.

The FL-300-INFO, which offers guidance on how to fill out the FL-300 form, shares a purpose with the FL-310 in that it provides important context and information when interacting with the court. While the FL-310 is a specific form handling rescheduling requests, the FL-300-INFO serves as a valuable resource for understanding procedures. Each document aids in navigating court complexities, enhancing individuals' understanding of their legal rights and options.

The FL-231 form, outlining the Declaration of Service, also connects with the FL-310. This document is used to prove that legal papers have been properly served to all parties involved in a case. Both forms underscore the importance of following the proper protocols in family court proceedings. They establish formal processes that protect the rights of all individuals, ensuring that everyone has been duly informed about the case specifics.

Lastly, the FL-300 form, which is a Request for Orders in Family Law cases, is related to the FL-310 through their shared focus on facilitating communication between the court and the parties involved. Both forms require clear, concise requests outlining the desired outcomes and the reasoning behind them. This facilitates a smoother process in the often complicated family law system, helping to ensure that all relevant information reaches the court efficiently.

Dos and Don'ts

When filling out the FL-310 form, consider the following guidelines to ensure a smooth process.

  • Do: Read the instructions carefully. Familiarize yourself with the requirements before starting your application.
  • Do: Provide accurate information. Double-check your details, including names, dates, and contact information.
  • Do: Sign and date the form. This confirms that the information you provided is true and correct.
  • Do: Keep a copy of the filled-out form. This can be useful for your records and for future reference.
  • Don't: Rush the process. Take your time to fill out the form correctly to avoid delays.
  • Don't: Leave any required fields blank. Incomplete forms may be rejected or delayed.
  • Don't: Forget to provide a contact method. It's essential for the court to reach you if needed.
  • Don't: Submit the form without careful review. Errors can lead to misunderstandings or complications in your case.

Misconceptions

Here are some common misconceptions about the FL-310 form, which is important for anyone involved in family law cases in California.

  • You need an attorney to fill out the FL-310 form. Many people believe that only attorneys can complete this form, but individuals can fill it out on their own if they choose to represent themselves.
  • The FL-310 form can be submitted without a hearing date. Some think it’s okay to submit the form even if they don’t have a scheduled hearing. However, the form is specifically used to request changes to an already set hearing date.
  • There's only one way to reschedule a hearing. People often think they can only request a specific new date. In reality, the form allows several options, like stating your availability or giving reasons for needing a new date.
  • All requests to reschedule are automatically approved. Many assume that if they file the FL-310, their request will be granted. The other party must also agree for the request to be valid.
  • Filing the FL-310 does not require a signature. Some think a signature is optional. However, signing the form is crucial because it confirms that the information is true and serves as a legal declaration.
  • Temporary emergency orders can't be addressed in the form. There is a misconception that the FL-310 can't include temporary emergency (ex parte) orders. In fact, individuals must clarify whether such orders are included in their request.
  • There are no deadlines for submitting the FL-310. Some assume they can file the form at any time. However, there are specific deadlines tied to the hearing date that must be followed.
  • Filing the form requires extensive legal knowledge. Many believe only those with legal training can complete the form correctly, but it is designed to be user-friendly and straightforward.
  • Once filed, the new date is permanent. People often think that after the FL-310 is approved, the new date is set in stone. In reality, adjustments can still be made if circumstances change.

Understanding these misconceptions can help individuals navigate the family court system more effectively and avoid unnecessary delays.

Key takeaways

When filling out the FL-310 form for rescheduling a hearing in family court, keep these important tips in mind:

  • Always specify your current contact details, including your name, address, and email at the top of the form.
  • Clearly indicate the person requesting the rescheduling in the designated area.
  • Note the current hearing date, as this information is crucial for your request.
  • Decide whether your request includes any temporary emergency orders that may have been previously issued.
  • If consenting to reschedule, provide preferred dates and any unavailable dates clearly.
  • In case you do not consent, articulate your reasons thoughtfully—this can impact the court's decision.
  • Do not forget to sign the form and print your name; this adds validity to your request.
  • After completing the form, safeguard your personal information by pressing the Clear This Form button.

Being thorough and clear will help streamline the process. Understand that the more precise you are, the better your chances of having your request approved.