Orders - Requesting Court Orders

After the appropriate type of case has been filed in court, you may proceed with filing the necessary paperwork to obtain orders to establish child custody, visitation and/or support. This is usually done by filing a Request for Order. To request a hearing to establish or modify child custody or visitation, you must complete the form packet.

Emergency / Temporary Orders

In family law cases, court orders can be obtained only after the appropriate paperwork is filed, a hearing is scheduled, and notice of the hearing is served on the other party allowing him/her sufficient time to file a response. These hearings occur in open court in front of a judge. In limited situations, where there is an emergency, the judge may grant a Temporary Order to be in effect only until the hearing in open court. A Temporary Order is only issued when irreparable harm will result if an order is not made before the hearing.

Responding to a Request for Order

If you have been served with a Request for Order and a hearing has been scheduled, you may file a Responsive Declaration to help the judge understand what your opinion is on the issues before court. To respond, you must complete the following forms:

• Responsive Declaration to Request for Order (FL-320)
• Proof of Service by Mail (FL-335)

File Necessary Forms on Time

Be sure to meet all deadlines for filing any documents needed for your court date. Check with the Self-Help Center if you are not sure what to file with the Court and when. Be aware that all facts and evidence that you wish the judge to consider must be provided to the other party and the Court before the hearing in the form of a written declaration sworn to under penalty of perjury. In addition to your declaration, you may use the declarations of other adults.

Prepare to Speak to the Judge in Court

You need to organize your thoughts about the issues to be handled on your court date. Think about what you want to say. Make some notes to help you remember the main points. Gather documents that may help you remember things that are important. You should be prepared to tell the judge what the issues are, what solution you think is best, and why. Be sure to focus on the issues that are the reason your court date was scheduled. The judge cannot address issues that are not identified in the original paperwork filed to request the hearing. If you have other problems to resolve, you can schedule a separate hearing for that purpose.

Try to Negotiate an Agreement

Contact the other party prior to your court date to try to resolve the issues, unless there is a Restraining Order between you and the other party. You may be asked to negotiate outside the courtroom before your hearing if you have not done so prior to arrival. Depending on when your hearing is scheduled, you may be given the option of working with a volunteer mediator who can assist you and the other party in reaching an agreement. The hearing will go forward if an agreement is not reached in mediation.

If you need help resolving custody and visitation issues, the court has a special mediation program called Family Court Services. This mediation program helps parents reach custody and visitation agreements that respond to the special circumstances of each case. If an agreement is reached in mediation, the mediator will assist you in preparing the agreement and submitting it to the Court for approval. If there are no other issues to be decided, reaching an agreement on custody and visitation will result in your court date being dropped. If an agreement cannot be worked out in mediation, Family Court Services will recommend to the judge a plan that serves the child’s best interests. All parents are required to participate in mediation prior to their first court appearance.

Arrange Court Reporter if Needed

The Family Court does not provide a court reporter at all hearings. If you would like to have a court reporter present to record the proceedings, you must make arrangements in advance. The court employs a limited number of court reporters and you may request that one be assigned to your hearing. However, the court reserves the right to assign court reporters to the proceedings where they are most needed. If a court reporter is needed in another department at the time of your hearing, one may not be present during your hearing. The only way to ensure that a court reporter will be present at your hearing is to hire a private court reporter at your own expense. The court does not assist in the hiring of private court reporters, nor can the court recommend a particular court reporter.

Select Appropriate Attire

Plan to dress for your court date as if going to a job interview in a business office. Suits or slacks and long-sleeved shirts are best for men. Pant or skirt outfits and dresses are appropriate for women. If you are coming from or going to work, your uniform or work clothes are fine. Make sure that you have made an effort to be neat, clean, and well groomed. Try to present the best side of yourself. After all, this is a place of business and you are going to be meeting the Judge about something important to you.

Plan Timely Arrival at Court

Arrange to be in court on time. It is very important to be on time for all scheduled court dates. Allow extra time due to possible traffic congestion. If you are late, your case could be removed from the court calendar, postponed, or the judge could rule against you without you being heard at all. If you are delayed or unable to attend your hearing due to a car breakdown, serious illness, or other emergency, contact the courtroom clerk on or before your hearing time by calling the Spinetta Family Law Center main number and following the prompts to reach the courtroom clerk.