Article Guide
The FL-312 form plays a critical role in child custody and protection proceedings, particularly for parents concerned about potential child abduction. This form serves as a formal request for child abduction prevention orders, highlighting various factors that may indicate the risk of a parent taking their children without permission. Parents file it in cases where there may be fears of abduction, whether to another county, state, or even a foreign country. Within the form, specific sections address concerns such as a history of domestic violence or child abuse, failure to cooperate in parenting, and past violations of custody orders. It also prompts petitioners to detail any significant life changes that could ease a parent's ability to remove children—such as quitting a job, selling a home, or applying for passports. Additionally, the FL-312 offers the option to request supervised visitation, bond posting, and restrictions on traveling with the children without permission. Through its carefully structured prompts, the form seeks to gather formal evidence to support the need for protective measures, ensuring the safety of children during disputes between parents.
Form Sample
taking the children without my permission. Explain your answers to item d.
has a criminal record. Explain:
domestic violence.
child abuse.
has a history of (check all that apply and explain your answers in the space provided in this section):
not cooperating with me in parenting.
has violated—or threatened to violate—a custody or visitation (parenting time) order in the past. Explain:
does not have strong ties to California.
Explain any work, financial, social, or family situation that makes it easy for the party to leave California.
has recently done things that make it easy for him or her to take the children away without permission. He or she has (check all that apply):
quit his or her job.sold his or her home.
closed a bank account.ended a lease.
sold or gotten rid of assets. hidden or destroyed documents.
applied for a passport, birth certificate, or school or medical records.
Other (specify):
PETITIONER:
RESPONDENT: OTHER PARENT/PARTY:
CASE NUMBER:
TO
REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS
Petition |
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Response |
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Request for Order |
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Responsive Declaration to Request for Order |
Other (specify): |
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Your name: |
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I request orders to prevent child abduction by (specify): |
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Petitioner |
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Respondent |
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3.I think that he or she might take the children without my permission to (check all that apply):
a. |
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another county in California (specify the county): |
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another state (specify the state): |
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b. |
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a foreign country (specify the foreign country): |
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c. |
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He or she is a citizen of that country. |
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He or she has family or emotional ties to that country (explain): |
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Other Parent/Party
4.I think that he or she might take the children without my permission because he or she (check all that apply):
a.
b.
c.
d.
e.
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Form Adopted for Mandatory Use Judicial Council of California
REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS
Family Code, § 3048
www.courts.ca.gov
PETITIONER:
RESPONDENT: OTHER PARENT/PARTY:
CASE NUMBER:
I REQUEST THE FOLLOWING ORDERS AGAINST (specify):
Petitioner
Respondent
Other Parent/Party
5.
6.
Supervised Visitation (Parenting Time)
I ask the court to order supervised visitation (parenting time). I understand that the person I request to supervise the visits must meet the qualifications listed in Declaration of Supervised Visitation Provider (form
The specific terms are attached (check one): |
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form |
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as follows: |
Post a Bond |
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I ask the court to order the posting of a bond for $ |
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. If the party takes the children without my permission, I |
can use this money to bring the children back. |
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7.
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11.
Do Not Move Without My Permission or Court Order
I ask for a court order preventing the party from moving with the children without my written permission or a court order.
No Travel Without My Permission or Court Order
I ask for a court order preventing the party from traveling with the children outside (check all that apply):
this county |
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the United States |
California |
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Other (specify): |
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without my written permission or a court order.
Notify Other State of Travel Restrictions
I ask the court to order the party to register this order in the state ofand provide the court with proof of the registration before the children can travel to that state for child visitation (parenting time).
Turn In and Do Not Apply for Passports or Other Vital Documents
I ask for a court order (check all that apply):
requiring the party to turn in all the children's passports and other documents (such as visas, birth certificates, and other documents used for travel) that are in his or her possession and control.
preventing the party from applying for passports or other documents (such as visas or birth certificates) that can be used to travel with the children.
Provide Itinerary and Other Travel Documents
If the party is allowed to travel with the children, I ask the court to order the party to give me before leaving (specify): the children’s travel itinerary.
copies of
addresses and telephone numbers where the children can be reached at all times.
an open airline ticket for me in case the children are not returned.
other (specify):
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Notify Foreign Embassy or Consulate of Passport Restrictions |
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I ask the court to order the party to notify the embassy or consulate of |
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of this |
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order and to provide the court with proof of that notification within |
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calendar days. |
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Foreign Custody and Visitation (Parenting Time) Order
I ask the court to order the party to get a custody and visitation (parenting time) order in a foreign country equal to the most recent United States order before the children can travel to that country for visits. I understand that foreign orders may be changed or enforced depending on the laws of that country.
Other (specify):
I declare under penalty of perjury under the laws of the State of California that the information on this form is true and correct.
Date:
(SIGNATURE )
REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS |
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Document Specifications
| Fact Name | Details |
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| Purpose of the Form | The FL-312 form is used to request child abduction prevention orders in custody cases in California. |
| Governing Law | This form is governed by California Family Code, specifically Section 3048. |
| Petitioning Party | The person filing the FL-312 is referred to as the Petitioner. The opposing party is the Respondent. |
| Potential Threats | The form allows the Petitioner to indicate concerns about the Respondent potentially taking the children to another location without permission. |
| Required Information | Petitioners must provide specific details related to the Respondent's past behavior, including criminal history or threats against custody orders. |
| Supervised Visitation | The form allows the Petitioner to request for supervised visitation, including the qualifications of the supervisor. |
Steps to Filling Out Fl 312
Completing the FL-312 form requires careful attention to detail. This document helps to request orders aimed at preventing child abduction. Make sure to gather all necessary information related to your situation before starting the process.
- Begin by entering your full name in the designated PETITIONER field at the top of the form.
- Identify the RESPONDENT and provide their name in the appropriate space.
- If there is an OTHER PARENT/PARTY, include their name as well.
- Fill in the CASE NUMBER if applicable.
- In Section 1, write your name again where indicated.
- Your request for orders should specify who you believe might try to take the children without your permission. Check Petitioner or Respondent accordingly.
- In Section 3, indicate where you think the children might be taken. Check all that apply, specifying the county, state, or foreign country.
- In Section 4, explain why you believe the other party might take the children without permission. Check all relevant boxes.
- In Section 5, list the orders you are requesting against the specified party (Petitioner, Respondent, or Other Parent/Party).
- If you want to request supervised visitation, follow the instructions in Section 6. Ensure the person supervising meets required qualifications.
- In Section 7, indicate if you wish the court to order the posting of a bond and specify the amount.
- Section 8 requires you to request an order preventing the other party from moving with the children without permission.
- Check appropriate boxes in Section 9 regarding travel limitations.
- Section 10 includes requests for the turn-in of documents such as passports. Make your selections and comments as necessary.
- In Section 11, request any travel documents or itineraries if travel is permitted.
- For Section 12, specify if you want the other party to notify a foreign embassy or consulate regarding any restrictions.
- In Section 13, you may need to request a foreign custody and visitation order before the children can travel to a foreign country.
- Finally, review the entire form for accuracy. Sign and date at the bottom, affirming that the information provided is true and correct.
More About Fl 312
What is the purpose of the FL-312 form?
The FL-312 form, formally known as the Request for Child Abduction Prevention Orders, is designed to help individuals prevent the potential abduction of their children by the other parent or party involved in a custody dispute. This form allows a concerned parent to request court orders that set restrictions on custody, visitation, and travel, ensuring that the children remain within a specified jurisdiction. The requests can involve restrictions on moving, traveling, or obtaining travel documents for the children. It is used primarily in California and adheres to specific legal requirements established to safeguard the welfare of children in custody cases.
What information must be provided in the FL-312 form?
When filling out the FL-312 form, several critical pieces of information are required. The petitioner must provide their name, the name of the respondent (the other parent or party), and the case number. Additionally, individuals must express their concerns about the potential for child abduction by detailing specific reasons they believe the other parent may take the children without permission. This includes noting any history of criminal activity, such as domestic violence or child abuse, as well as any events suggesting the other parent may be preparing to leave California. The petitioner must also clarify which specific orders they are requesting from the court to protect the children.
What types of orders can be requested using the FL-312 form?
The FL-312 form allows a petitioner to request various types of orders aimed at preventing child abduction. These can include supervised visitation, which requires that visits between the child and the other parent be monitored by a third party, or a no-travel order that prevents the other parent from taking the children outside the state or country without explicit permission. The form can also include requests to turn in and refrain from obtaining passports or other travel documents for the children, as well as requirements to provide itinerary details for any approved travel plans. The goal of these orders is to establish protective measures around the child’s custody and safety.
What happens once the FL-312 form is submitted?
Once the FL-312 form is submitted to the court, it will be reviewed as part of the wider custody case. A hearing may be scheduled where both parents will have the opportunity to present their arguments. The judge will then assess the information provided in the FL-312 form in conjunction with other evidence and testimony presented during the hearing. Depending on the circumstances, the court may grant some or all of the requested orders. It is essential for both parties to comply with any orders issued by the court, as violations could lead to further legal consequences.
Common mistakes
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Omitting Important Details: When filling out the FL-312 form, many individuals forget to provide crucial explanations to item d. It’s essential to explain any criminal history, such as domestic violence or child abuse, clearly to help the court understand the full situation.
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Not Fully Disclosing History: In section 4, where you check all applicable items about the other party's history, failing to check everything that applies may weaken your case. Be thorough to ensure that all relevant factors are considered.
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Ignoring Ties to Other Locations: Sometimes, individuals neglect to describe the other party's ties to California or other countries. This can include work or family situations that could impact their likelihood of taking the children.
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Failing to Check All Relevant Options: While completing the form, some forget to check all that apply regarding the potential for child abduction. This includes any recent behaviors that make it seem likely the other party will attempt to take the children without permission.
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Not Providing an Itinerary: When seeking an order allowing travel with children, be sure to ask the court for an itinerary and supporting travel documents, which can prevent misunderstandings later.
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Missing Signatures or Dates: A common mistake is failing to date the form or sign it properly. An unsigned and undated form is typically not valid and can lead to delays.
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Neglecting Proof of Notification: If you’re requesting that the other party notify a foreign embassy about passport restrictions, remember to ask for proof of that notification. This detail can be critical in ensuring compliance with the order.
Documents used along the form
The FL-312 form is a critical document for parents seeking to prevent child abduction. However, several other forms and documents often accompany it to ensure thorough legal protection and clarity. Below are four such documents that are commonly used in conjunction with the FL-312 form.
- FL-311: Child Custody and Visitation Order - This form establishes the legal custody arrangement and visitation rights for the child. It detailed how both parents will share responsibilities and communicate regarding the child's wellbeing.
- FL-324: Declaration of Supervised Visitation Provider - When one parent requests supervised visitation, this form must be completed to identify a qualified individual who can oversee visits. It outlines the necessary qualifications and responsibilities of the supervisor.
- FL-314: Request for Order for Child Custody and Visitation - This document is used when a parent wishes to modify existing custody and visitation orders. It details the changes being requested and the rationale behind them.
- FL-300: Request for Order - This more general form allows a parent to request various types of court orders not limited to child custody. It can be used in situations that require immediate attention from the court, often related to urgent issues of child welfare.
Using these documents in conjunction with FL-312 can provide a comprehensive approach to addressing concerns regarding child custody and potential abduction. Properly filling out and submitting these forms ensures that the court has all the relevant information to make informed decisions about the child's safety and wellbeing.
Similar forms
The FL-312 form, used for requesting child abduction prevention orders, shares similarities with the FL-300 form, which is a request for an order regarding custody or visitation. Both forms focus on protecting the interests of the child in custody disputes. Specifically, the FL-300 allows a parent to request changes in custody agreements based on concerns about the child's welfare, just as the FL-312 addresses fears about potential abduction. Each form requires the parent to provide evidence supporting their claims for intervention.
Another related document is the FL-105 form. The FL-105 is used to declare the type of custody and visitation arrangements currently in place. Like the FL-312, this form emphasizes the importance of the child’s living situation and ensures that both parents adhere to a structured arrangement. Parents must provide comprehensive information regarding their circumstances, all while considering the child's needs and safety.
The FL-324 form is also similar, as it concerns the declaration of supervised visitation. This document outlines who may supervise visits and under what conditions, much like the FL-312 provides a framework to prevent abduction during parenting time. Both documents require careful attention to ensure the child’s emotional and physical safety during interactions with a parent.
The FL-300 and FL-303 forms both address issues related to custody. The FL-303, specifically detailing the child custody and visitation order, provides a formal structure for enforcing parenting time, similar to what is requested in the FL-312. In both forms, the parties are prompted to consider the impact on the child, ensuring that any proposed changes are in their best interest.
The FL-346 form also shares common grounds with FL-312. This form is used for outlining an agreement for custody and visitation, specifically in cases where parents are working cooperatively. Like the FL-312, it stresses the importance of mutual consent to prevent misunderstandings that could lead to custodial disputes or abduction fears.
The FL-150 form, which refers to the income and expense declaration, may seem unrelated but is significant when considering child support during custody disputes. It reinforces the idea that financial stability impacts a parent’s ability to care for a child, tying back to concerns surrounding safety and stability characterized in the FL-312. Understanding each parent's financial capability helps inform decisions about custody and visitation rights.
Another document, the FL-200 form, serves as a general petition for custody and visitation. It aligns with the FL-312 by initiating discussions about the child’s best interests and safety. Both forms require detailed narratives that showcase possible risks involved if one parent feels threatened or concerned about potential abduction or unsafe living conditions.
Lastly, the FL-604 form, a request for specific restraining orders, parallels the FL-312 concerning the need for protective measures. Each document necessitates a thorough explanation of why intervention is required. Whether it's about preventing child abduction or establishing boundaries for a safe visitation experience, both emphasize protection and proactive measures for a child's well-being.
Dos and Don'ts
When completing the FL 312 form, it is important to follow certain guidelines to ensure that your submission is clear and effective. Below is a list of things you should and shouldn't do.
- Do: Provide accurate and complete information about both parties involved.
- Do: Use clear and direct language when explaining any concerns about child abduction.
- Do: Specify any history of domestic violence or other relevant issues honestly.
- Do: Attach any necessary documents that support your request.
- Do: Follow the instructions for checking all applicable boxes regarding custody concerns.
- Do: Clearly outline any requests for supervised visitation and the reasons behind those requests.
- Do: Keep a copy of your completed form for your records.
- Do: Submit your form in a timely manner to avoid delays in processing.
- Do: Note any upcoming moves or travel plans that may affect custody arrangements.
- Do: Remain respectful and professional in your language throughout the form.
- Don't: Include any unverified claims that may harm your credibility.
- Don't: Skip sections that require explanations or additional details.
- Don't: Forget to sign and date the form before submission.
- Don't: Submit incomplete information, which could result in processing delays.
- Don't: Use legal jargon; keep your language straightforward.
- Don't: Omitting details about any previous violations of custody orders.
- Don't: Assume that the court will contact you for missing information.
- Don't: Delay submission based on feelings of uncertainty; get assistance if needed.
- Don't: Ignore deadlines for filing; stay organized and aware of timelines.
- Don't: Present your case in an aggressive tone; maintain professionalism.
Misconceptions
Understanding the FL 312 form can be challenging, and several misconceptions may lead to confusion. Here are four common misconceptions:
- It's a court order. Many people assume that completing the FL 312 form automatically results in a court order. In reality, this form is used to request orders, but it does not guarantee that the requested measures will be granted by the court.
- Completing the form is sufficient for legal protection. Some believe that merely submitting the FL 312 form will provide immediate protection against child abduction. However, the process requires a court hearing, and a judge must consider the request before any protective measures are implemented.
- Only parents can request orders. It is a common belief that only biological parents can fill out and submit the FL 312 form. In fact, guardians or other parties with legal standing regarding the children can also submit this request if they are concerned about abduction.
- All requests will be taken seriously by the court. While the court aims to protect children, not every request on the FL 312 form will be viewed with the same urgency. The court evaluates the merits of each case, and it may require substantial evidence of risk to grant the requested orders.
Being informed helps in navigating these legal procedures with greater confidence.
Key takeaways
When filling out the FL-312 form, it is essential to keep the following key points in mind:
- Identify the parties: Clearly state the names of the petitioner, respondent, and any other involved parents or parties.
- Specify concerns: Detail any concerns about potential child abduction, including specific locations where the children may be taken.
- Provide explanations: Use the designated areas to explain any criminal history or other relevant background information, such as domestic violence or child abuse.
- Check applicable boxes: Indicate all relevant concerns or behaviors that may put children at risk, such as not cooperating in parenting.
- Supervised visitation: If seeking supervised visitation, understand that the supervising individual must meet specific qualifications.
- Travel restrictions: Request orders that prevent travel outside certain locations without consent or court approval.
- Document control: Ask for court orders regarding passports and other travel documents to be surrendered or not applied for by the other parent.
- Itinerary requirements: If travel is permitted, request necessary travel itinerary information and contact details for where the children will be.
- Notification responsibilities: Ensure to include provisions for notifying foreign embassies or consulates about any travel restrictions.
- Complete and sign: Finally, remember that signing the form under penalty of perjury affirms that the information is truthful and accurate.
Understanding these key takeaways will aid in effectively completing the FL-312 form and ensuring the safety and welfare of the children involved.