Gavin Howe
In California, a Request for Order (RFO) is used to notify the other party of a court hearing and the issues that will be addressed during the hearing. In San Diego, an RFO can be amended, but it is important to note that there is a 10-page limit for the responsive declaration to an RFO in a family law matter. If the other party has not responded, a first amended request for orders can be filed and served to the other party. If they have responded, a motion for leave to file a first amended request for orders can be filed, along with a proposed order granting leave to amend and the first amended request for orders. The judge will then decide whether to grant or deny the request.
| Characteristics | Values |
|---|---|
| Page limit for a responsive declaration to an RFO in a family law matter | 10 pages |
| Page limit for a memorandum | 15 pages for an opening or responding summary judgment or summary adjudication motion; 20 pages for any other motion; 10 pages for a reply or closing memorandum |
| Deadline to amend an RFO for custody/visitation | At least 16 court days before the hearing |
| Fee for an RFO to modify or enforce custody or visitation | Varies; consult the current fee schedule |
| Fee waiver | Complete a Request to Waive Court Fees (JC Form # FW-001) and Order on Court Fee Waiver (JC Form # FW-003) |
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Custody and visitation
Child custody in California is divided into two types: physical custody and legal custody. Physical custody refers to where the child will live, while legal custody gives the right to make decisions about the child's health, education, safety, and well-being. Both parents have equal rights to custody and visitation, and the court will evaluate what is in the best interest of the child when making these decisions. If the court determines that it is in the child's best interest for one parent to have sole physical custody, the other parent typically still has the right to visitation.
If parents cannot agree on a parenting plan, they may choose to resolve their disagreements through child custody mediation or counselling, which can be done privately by hiring a mediator outside of court. If parents can reach an agreement through mediation, the mediator will write a parenting plan that may become a custody and visitation order if signed by a judge. If mediation is unsuccessful, one parent will need to file a Request for Order (RFO) to obtain a court order. The RFO form will notify the other party of the court hearing and the issues that will be addressed. The court will then schedule a Family Court Services date and a court date in front of the assigned judge.
In cases of domestic violence, special laws apply when a judge makes a decision about child custody. Under California Family Code Section 3044, if a party seeking custody has perpetrated domestic violence, it is presumed that awarding sole or joint physical or legal custody to that person is detrimental to the child's best interest. Additionally, if there are concerns about the child's mental or physical safety with one parent, a judge can order a child custody evaluation by a professional outside the court. In cases of serious allegations of child abuse or sexual abuse, a judge can issue temporary emergency orders to protect the child until the evaluation is complete.
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Child support
In San Diego, the Department of Child Support Services (DCSS) guides families through the child support process and connects them with local resources to promote children's growth and success.
The DCSS will contact you before the court hearing to schedule a pre-court meeting (meet and confer). They will provide further instructions for participating in the court hearing at that time. The staff of the Family Law Facilitator's Office (FLF) can help unrepresented parents and parties with questions about family law issues. They can also help with preparing court forms and provide general legal information at no cost. The FLF also provides assistance in cases where the DCSS is enforcing support. This assistance is provided on a walk-in basis, so it is recommended to arrive early as space is limited. For assistance with financial matters, bring written proof of your income for the past 12 months, including pay stubs for the last two months, your last federal income tax return, any W-2 forms for the previous year, and copies of any relevant court orders.
If you and the other parent can agree on a child support amount, attorneys can help prepare for the mediation and negotiation process. If negotiations with the other parent fail, a team of attorneys will be prepared to litigate your child support case.
Paperwork filed relating to child support issues in FSD cases is not charged fees. If you cannot afford to pay the required fee for filings at other family law locations that relate to child custody and visitation, you may request a fee waiver.
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Mediation hearing
In San Diego, parents must attend a mandatory mediation session when there is a custody and/or visitation dispute. This session is with a licensed clinical social worker and costs $40. The mediator will ask targeted questions regarding each parent's parenting concerns and their desired custody schedule. The goal is to assist both parents in reaching an agreement. All children in the household who are six years or older must also attend the mediation. If an agreement cannot be reached, the mediator will submit their recommendation to the court before the scheduled hearing. However, it is important to note that mediators cannot make any orders. Only a judge can make orders on visitation and custody.
The San Diego Superior Court Civil Mediation Program is designed to help parties resolve their disputes early on. The court maintains a panel of approved mediators who meet certain qualifications and adhere to specific ethical standards. Mediators on the court's panel charge $150 per hour for the first two hours in a limited civil action and $250 per hour for the first two hours of an unlimited civil action. After the first two hours, they charge their regular hourly rate.
If you are unable to pay the filing fees for mediation, you can complete a Request to Waive Court Fees (JC Form # FW-001) and Order on Court Fee Waiver (JC Form # FW-003).
It is recommended that you consult with a family lawyer prior to your mediation session. They can assist you in organising your concerns and requests, as well as help you find possible areas of agreement. This is especially important because the mediator's report will contain recommendations to the judge on what they think should be ordered in your case.
If you need to amend an RFO, the deadline for doing so before the hearing date depends on the specifics of your case. The page limit for a responsive declaration to an RFO in a family law matter is 10 pages, excluding exhibits, declarations, and attachments.
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Court fees
When filing an RFO, there may be statutory fees associated with submitting your paperwork to the court. These fees must be paid when filing your documents with the court, and they vary depending on the specifics of your case. For example, an additional fee may apply if your RFO pertains to modifying or enforcing custody or visitation arrangements. It is always advisable to consult the current fee schedule provided by the court to understand the exact fees applicable to your situation.
The method of payment is also important to consider. The court accepts various payment methods, including cash, checks, Visa, MasterCard, and American Express. Checks should be made payable to the "Clerk of the Court." If you face financial difficulties and are unable to pay the filing fees, you can submit a "Request to Waive Court Fees" (JC Form # FW-001) and an "Order on Court Fee Waiver" (JC Form # FW-003). These forms can help you request a waiver of the court fees if you meet certain financial criteria.
It is worth noting that there is no fee associated with mediation in family law cases. Mediation is often a required step before a court hearing, especially in matters involving custody and visitation. The court encourages parties to attend a preliminary "Mediation Hearing" to attempt to settle their disputes with the help of a neutral mediator. However, if mediation fails to resolve the issues, the mediator will submit their "Recommendation" to the court, and the judge will make the final orders regarding visitation and custody.
When it comes to amending an RFO, you may need to consider the timing of your amendment and whether it constitutes a new request. If your amendment is a new request, it must be filed within a specific timeframe before the hearing date. According to California rules, a new request must be filed at least 16 court days before the hearing date, or 5 calendar days if served by regular mail. However, even then, the court may not consider it.
Lastly, it is important to be mindful of the page limits when filing court documents. In California, there is generally a 10-page limit for responsive declarations to an RFO. However, exhibits, declarations, attachments, and other supplementary documents may not be included in this page limit. Be sure to review the specific rules and guidelines provided by the court to ensure your filings comply with the applicable page restrictions.
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Deadlines
In California, a Request for Order (RFO) is used to notify the other party of a court hearing and the issues that will be heard. In San Diego, RFO hearings are governed by local rules, including how to request a change of hearing date.
If you are filing a responsive declaration to an RFO in a family law matter, the page limit is 10 pages, excluding exhibits, declarations, and attachments. Exhibits, declarations, and attachments are not included in the page limit. The 10-page rule is a California Rule of Court, not specific to San Diego or LA.
If you want to amend an RFO for custody or visitation, you must do so at least 16 court days before the hearing. If the other party has not responded, you can file a first amended request for orders and serve it to them. If they have responded, you can file a motion for leave to file a first amended request for orders, along with a proposed order granting leave to amend and the first amended request for orders. The judge will then decide whether to grant or deny the request. If the judge grants the order, the amended request will be filed, and the other party will have a chance to respond.
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Frequently asked questions
RFO stands for Request for Order. This form is used to notify the other party that there is a court hearing and to advise the court and the other party what issues will be heard at the hearing.
You can file an RFO electronically or in person at the courthouse. If filing in person, sign and date the paperwork, make two copies, and bring the originals and copies to the court for filing. There may be statutory fees for filing your paperwork, and you can pay these by cash, check, Visa, Master Card, or American Express.
Yes, you can file an amended RFO. If the other party has not responded, you can file a first amended request for orders and serve it to them. If they have responded, you can file a motion for leave to file a first amended request for orders, along with a proposed order granting leave to amend and the first amended request for orders. Then, wait for the judge to grant or deny the request.
In San Diego County, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.
