FL-305 is the Judicial Council of California's mandatory form for Temporary Emergency (Ex Parte) Orders. It states the court's decision when a party asked for temporary emergency orders in a family law case, covering child custody, visitation (parenting time), property control and other orders. On FillingPDF you can fill out the form online and download or print the completed PDF. The official PDF is published by the California courts at courts.ca.gov.
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What is FL-305?
Temporary Emergency (Ex Parte) Orders (FL-305) is a Judicial Council of California mandatory form that sets out the court's temporary emergency orders when a party has asked for them, including orders on child custody, visitation (parenting time) and control of property.
The form is a court order, and it says so at the bottom of each page: "THIS IS A COURT ORDER." It is captioned for the Superior Court of California, with the petitioner, respondent, other parent/party and case number. A judicial officer of the Superior Court dates and signs it on page 2. The form cites Family Code sections 2045 and 3062–3064 and California Rules of Court, rules 5.151–5.169.
The court orders recorded on it are tied to a hearing. Item 1 refers to a hearing on the Request for Order (form FL-300) served with the order, and the temporary emergency orders expire at the date and time of that hearing unless the court extends them.
The form has these parts:
- Item 2, findings: preventing immediate harm to the child, preventing removal of a child from California, preventing loss or damage to property, or setting or changing procedures for a hearing or trial.
- Item 3, child custody and visitation, with travel restrictions and jurisdiction statements.
- Item 4, property control.
- Items 5 and 6, existing orders and other orders.
The Judicial Council also offers FL-305 in Chinese Simplified, Korean, Spanish and Vietnamese.
Who needs to file FL-305?
FL-305 is used in California Superior Court family law cases where a party has asked for temporary emergency (ex parte) orders and the court states its decision on this form. The caption lists the petitioner, the respondent and an other parent/party, and item 1 names the person the order is directed to: the petitioner, the respondent, the other parent/party, or another person specified.
How the form is used by each role:
- Parties and their attorneys enter the party and court information at the top. The form has space for a party without an attorney or an attorney, with State Bar number.
- The judicial officer dates and signs the order on page 2.
- Children's custody and visitation orders apply to the minor children named in item 3c.
- Property control orders in item 4 apply to property the parties own or are buying, lease or rent.
The form is not the request itself. The hearing it refers to is held on a Request for Order (form FL-300), which is served with this order.
When to file FL-305
FL-305 is used when a party has asked the court for temporary emergency orders and the court states its decision. The form is tied to a hearing: item 1 gives the date, time, department and room of the hearing on the Request for Order (form FL-300) served with the order.
The temporary emergency orders expire on the date and time of that hearing, unless the court extends them by order. No other deadline, validity period or renewal cycle is printed on the form. Check item 1 for the hearing details, and the court for anything further.
Documents you need
- Request for Order (form FL-300): the hearing in item 1 is held on this request, which is served with the FL-305 order.
- Child Abduction Prevention Orders Attachment (form FL-341(B)): attached when item 3b is checked because there is an immediate risk that the child will be removed from California.
- Attachment 3c: used if the list of children, with dates of birth and who has temporary physical custody, is continued on an attachment.
- Attachment 3d: the temporary visitation (parenting time) orders, when item 3d refers to the attachment.
- Attachment 6: additional orders, when item 6 refers to it.
How to fill out FL-305
Complete the party and court caption
At the top, enter the name, firm name, address, telephone, fax, email and the party or attorney information, then the county of the Superior Court of California and its address. Enter the petitioner, respondent, other parent/party and the case number.
Mark the type of orders
Check Child Custody, Visitation (Parenting Time), Property Control or Other (specify) next to the title, according to the orders the court is making.
Complete item 1: recipient and hearing
Enter the name of the person the order is directed to and check whether that person is the petitioner, respondent, other parent/party or other. In items 1a and 1b enter the hearing date, time, department, room and court address for the hearing on the Request for Order (form FL-300).
Check the findings in item 2
Check each finding that applies: 2a immediate harm to the child under Family Code section 3064, 2b risk of removal from California, 2c loss or damage to property, or 2d setting or changing hearing or trial procedures.
Complete item 3a
Check whether the finding concerns the petitioner, respondent or other parent/party and enter the name. Then check the ground that applies: (1) domestic violence, (2) sexual abuse of the child, (3) illegal access to firearms or ammunition, or (4) other (specify).
Address child abduction risk in item 3b
If it has been shown that there is an immediate risk the child will be removed from California, check item 3b and attach form FL-341(B), Child Abduction Prevention Orders Attachment.
List custody in item 3c
For each child enter the name and date of birth and check who receives temporary physical custody, care and control: petitioner, respondent or other party/parent. Check "Continued on Attachment 3c" if you need more rows.
Set visitation in item 3d
Enter the temporary visitation (parenting time) orders on Attachment 3d and check the "See Attachment 3d" box.
Enter travel restrictions in item 3e
In 3e(2), check who must not remove their minor children, list the children, and check (a) from California, (b) from specified counties, or (c) other. Item 3e(1) is printed text.
Complete item 3f
In 3f(3) check The United States of America or Other (specify) for the country of habitual residence of the child or children. Items 3f(1), (2) and (4) are printed statements.
Complete item 4: property control
In 4a, check the party who receives exclusive temporary use, possession and control of the property and describe it. In 4b, check the party ordered to pay liens and encumbrances and enter the payee, purpose, amount and due date for each payment.
Add other orders in items 5 and 6
Item 5 is printed text about existing orders. Under item 6 specify any other orders, or check that additional orders are listed in Attachment 6.
Review, get the signature and download
Check each item against the hearing details and attachments. The judicial officer enters the date and signs above "Judicial Officer of the Superior Court." Download or print the completed PDF from FillingPDF.
Common mistakes to avoid
- Leaving the hearing date, time, department, room or court address in item 1 blank, even though the orders expire at the hearing it describes.
- Checking item 3b (risk of removal from California) without attaching form FL-341(B), Child Abduction Prevention Orders Attachment.
- Not saying who the item 3a finding concerns, or leaving the name line and the specific ground (1) to (4) unmarked.
- Listing more children than the item 3c rows hold without checking "Continued on Attachment 3c" and adding the attachment.
- Referring to Attachment 3d or Attachment 6 without attaching it.
- Listing a lien or encumbrance payment in item 4b without the payee (Pay to), purpose (For), amount and due date.
- Treating the orders as lasting beyond the hearing: they expire on the date and time of the hearing in item 1 unless the court extends them.
- Using the form as an order before the judicial officer has dated and signed it on page 2.
Frequently asked questions
What is form FL-305 used for?
Form FL-305, Temporary Emergency (Ex Parte) Orders, states the court's decision when a party asked for temporary emergency orders. It covers child custody, visitation (parenting time), property control and other orders, and it is a court order once a judicial officer signs it.
Who signs form FL-305?
A judicial officer of the Superior Court dates and signs the order on page 2. The form is headed "THIS IS A COURT ORDER," so the signature is what makes it the court's order.
How long do the orders on FL-305 last?
They expire on the date and time of the hearing listed in item 1, unless the court extends them by order. The hearing is held on the Request for Order (form FL-300) that is served with the order.
Is FL-305 the same as the Request for Order, form FL-300?
No. The Request for Order (form FL-300) is the request that is heard at the hearing described in item 1. FL-305 states the court's temporary emergency orders, and it refers to the FL-300 served with it.
What do I attach if I check the child removal box in item 3b?
Attach the Child Abduction Prevention Orders Attachment (form FL-341(B)). The form says it is attached to the order when it has been shown that there is an immediate risk that the child will be removed from California.
Is FL-305 available in Spanish or other languages?
Yes. The California courts' self-help page lists FL-305 in Chinese Simplified, Korean, Spanish and Vietnamese, in addition to the English form.
Can I fill out FL-305 online on FillingPDF?
Yes. You can fill out the form online on FillingPDF and download or print the completed PDF. FillingPDF is an independent service, not the court, and it does not file the order or submit it to any court.
What happens if someone violates an FL-305 order?
Item 3f(4) of the form warns that a person who violates the order may be subject to civil or criminal penalties, or both.
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