FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders

Jurisdiction: Country: United States | Province or State: California

If you are asking the court for emergency orders in a family law case, you may also need to complete FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders. This form explains what steps you took to notify the other party about your emergency request.

Emergency, or ex parte, orders are requests for immediate court action. Because they move quickly, the court wants to know whether the other person was told about the request or why notice was not given. This document provides that explanation in writing.

FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders is not the request for emergency orders itself. It supports your request by describing your efforts to give notice before the hearing.

If you are representing yourself, this form helps you clearly show the court that you followed the required notice process. Judges often review this document before deciding whether to consider your emergency request.

What is FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders?

Clear definition

FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders is a court form used in California family law cases. It is a written statement, signed under penalty of perjury, describing how and when you informed the other party about your request for temporary emergency orders.

In this declaration, you explain whether you gave advance notice of your ex parte request. If you did give notice, you describe how you gave it. If you did not give notice, you explain why.

The form creates a record for the judge. It shows whether the basic fairness requirement of notice has been addressed before emergency relief is considered.

Who typically uses this form?

This form is usually completed by the person asking for emergency orders in a family law case. That person may be a parent in a custody dispute, a spouse in a divorce case, or a party in a domestic partnership matter.

Self-represented individuals often use this form when they file emergency requests without an attorney. Attorneys also complete it when they are filing ex parte requests on behalf of clients.

In some situations, a legal guardian or another authorized party in a family law case may also use this form if they are requesting immediate court action.

Why might you need this form?

Courts generally expect both sides to have notice before a judge makes orders that affect them. Even in emergency situations, some form of notice is commonly required unless there is a specific reason it cannot be given.

You may need this form because the court wants to confirm that you tried to inform the other party about your emergency request. The judge reviews your explanation to decide whether to hear your request and whether to grant temporary orders.

Without this declaration, the court may delay your request or decline to consider it until notice requirements are addressed.

Typical real-life scenarios

• You may use this form when asking for emergency child custody orders because you believe a child is at immediate risk. In that situation, you would explain how you notified the other parent about your request or why giving notice could put the child in further danger.
• Another common scenario involves emergency orders to prevent a child from being taken out of state or out of the country. You would describe when and how you informed the other parent about your filing.
• You might also complete this form when requesting emergency orders about property control during a divorce. For example, if you believe assets are being sold or hidden, you would explain how notice was provided before seeking court intervention.
• In cases involving domestic violence or threats of harm, you may explain why giving notice was not safe or practical. The declaration gives you space to describe the circumstances in a clear, factual way.

When would you use FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders?

You use this form at the same time you file a request for temporary emergency orders in a California family law case. It is part of the overall submission package for an ex parte request.

Emergency requests are typically made when waiting for a regular hearing could result in harm. This might involve child custody, visitation, property issues, or other urgent family law matters.

The person filing the emergency request prepares this declaration before the scheduled ex parte hearing date. It is commonly filed with the clerk along with the emergency request forms and any supporting declarations.

If you are the petitioner or respondent in an existing family law case and need immediate court action, this form may be required as part of your filing. If you are starting a new case and also seeking emergency orders, it may still be included in your initial submission.

The timing of notice often matters. Courts frequently expect notice to be given by a certain time on the court day before the hearing, unless there is a valid reason not to do so. This form explains how the timing requirement was handled in your situation.

Legal characteristics of FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders

This document is a declaration. That means you are making a sworn statement under penalty of perjury. The information must be truthful and based on your personal knowledge.

For the form to be effective, it generally must be complete and signed. It should clearly state the date, time, and method of notice, such as telephone, in person, or another permitted method. If no notice was given, the explanation should describe specific facts rather than general conclusions.

Courts may reject or question the form if key details are missing. Common problems include leaving out dates, failing to identify who was contacted, not explaining why notice was not given, or forgetting to sign the declaration.

Although this form is used statewide in California, local court procedures can vary. Some courts may have additional requirements related to timing or format. The form itself, however, provides a standardized structure for your explanation.

It is important to understand what this document does not do. It does not request the emergency orders. It does not prove that your claims are true. It only addresses the issue of notice and service related to your emergency request.

Is it legally binding?

The declaration is legally significant because it is signed under penalty of perjury. By signing, you state that the information is true and correct to the best of your knowledge.

While the form itself does not create court orders, it can influence whether the judge considers your emergency request. If the court finds that notice requirements were not properly addressed, it may decline to grant temporary relief at that time.

Because it is a sworn statement, knowingly providing false information can have serious consequences within the legal process. The declaration becomes part of the court record in your case.

How to fill out FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders

Step 1 – Fill in the caption information

At the top of the form, enter your name, address, and contact information in the space provided. Then complete the court section, including the county and court address. Fill in the names of the parties exactly as they appear in your family law case and include the case number.

Step 2 – Identify yourself and your role in the case

Indicate whether you are the petitioner, respondent, or another party in the case. This tells the court who is making the declaration and how you are connected to the emergency request.

Step 3 – State whether notice was given

In the section addressing notice, indicate whether you gave notice to the other party or their attorney about your request for temporary emergency orders. Select or complete the portion that applies to your situation.

If notice was given, provide the date and time it was given. Clearly identify the person who received the notice and describe the method used, such as telephone or another direct communication.

Step 4 – Describe how notice was given

Provide specific details about the communication. For example, state whether you spoke directly to the other party, left a message, or communicated with their attorney. Include enough information for the judge to understand what happened.

Be factual and concise. Focus on who was contacted, how the contact was made, and what information was shared about the emergency request and hearing.

Step 5 – Explain if notice was not given

If you did not give notice, complete the section that asks for an explanation. Describe the reasons notice was not provided. This may involve safety concerns, risk of harm, or other urgent circumstances.

Provide concrete facts. For example, describe specific threats, prior conduct, or immediate risks that made notice unsafe or impractical. Avoid broad statements without supporting detail.

Step 6 – Attach additional pages if needed

If there is not enough space on the form to fully explain your situation, you may attach an additional page. Clearly label it and reference the section of the form it relates to.

Make sure any attachments include the case name and number. This keeps your explanation organized and connected to the correct filing.

Step 7 – Review for completeness and accuracy

Before signing, read the entire form carefully. Confirm that all dates, names, and times are accurate. Check that your explanation clearly addresses whether notice was given and how.

Ensure that no required sections are left blank unless they do not apply. Incomplete forms can delay the court’s review of your emergency request.

Step 8 – Sign and date the declaration

At the end of the form, sign your name and enter the date. By signing, you declare under penalty of perjury that the information is true and correct.

Your signature finalizes the document for filing. Once signed, it becomes part of your emergency request submission to the court.

Legal terms you might encounter in FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders

1. Ex Parte: This refers to a request you make to the court without the other party being present at the hearing. In this form, you explain what notice you gave before asking for emergency orders. Even though the hearing may proceed quickly, you usually must still attempt to notify the other side unless there is a valid reason not to.
2. Declaration: A written statement made under penalty of perjury. When you complete this form, you are swearing that the information about notice and service is true. The judge relies on your declaration to decide whether to hear your emergency request.
3. Notice: Informing the other party that you are asking the court for temporary emergency orders. This form records when and how you gave that notice. It also captures the other party’s response, if any.
4. Service: Delivering court documents to the other party in a legally recognized way. In this document, you describe how the request for emergency orders was delivered, such as by personal delivery, electronic means, or another method allowed by the court.
5. Temporary Emergency Orders: Short-term court orders meant to address urgent issues. These orders are typically in effect until a full hearing can be held. This form supports your request by showing that procedural notice requirements were met.
6. Penalty of Perjury: A legal standard that means you can face serious consequences if you knowingly provide false information. When you sign this declaration, you confirm that your statements about notice and service are accurate.
7. Opposing Party: The other person in your case. This is the person you must notify about your request for emergency orders. Their name must match exactly what appears in the case caption.
8. Reasonable Notice: The amount of advance warning that must be given before the emergency hearing. What counts as reasonable can depend on timing and circumstances. This form documents whether you met that standard.
9. Exceptional Circumstances: Situations where giving notice is not required or is excused. If you did not give notice, you must clearly explain why. The court reviews this explanation carefully.
10. Proof of Service: A separate document that shows how and when papers were formally delivered. While this declaration discusses notice and service efforts, you may also need to file additional proof of service forms depending on your situation.

FAQs

Do I always have to give notice before filing FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders?

In most situations, yes. The court expects you to make a good-faith effort to notify the other party before asking for emergency orders. On this form, you must state whether you gave notice, when you gave it, and how you gave it. If you did not give notice, you must clearly explain the reason. The judge will review your explanation before deciding whether to proceed.

What exactly counts as “notice” on this form?

Notice means you informed the other party that you plan to ask the court for emergency orders. This can include telling them the date, time, and location of the hearing and what orders you are requesting. In this document, you must specify the method you used, such as phone, email, or personal delivery, and the date and time you made contact.

What if the other party did not respond after I gave notice?

You still complete the sections describing when and how you gave notice. If the other party did not respond, you state that clearly. The court mainly wants to see that you attempted to provide reasonable notice. Keep records of your communication attempts in case the judge asks for details.

What should I write if I believe giving notice would cause harm?

You must explain specific facts, not general fears. Describe what could happen if the other party learns about your request in advance. Be clear and direct. The judge will use your written explanation to decide whether to excuse the notice requirement.

Do I need to attach proof of service to this document?

This form focuses on notice and service related to the emergency request. In some cases, you may also need a separate proof of service form showing formal delivery of documents. Check that the names, dates, and methods match exactly across all documents. Inconsistent information can delay your request.

What happens if I make a mistake on the FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders?

If you notice an error before filing, correct it neatly and initial the change if allowed, or complete a new form. If you discover the mistake after filing, you may need to submit a corrected version. Make sure the corrected document clearly references the same case number and parties so it updates the court record properly.

Does this form become part of the public court record?

In most family law matters, documents filed with the court become part of the case file. That means the information you provide about notice and service is recorded. Be accurate and thoughtful in how you describe events, because the judge and the other party can review what you write.

How do I know if the court accepted my filing?

After you submit this document, the clerk typically stamps it as filed. If you file electronically, you should receive a confirmation notice. Check that the filed copy shows the correct case number, party names, and filing date. Keep that stamped or confirmed copy for your records.

Checklist: Before, During, and After FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders

Before

• Confirm your case number and party names exactly as they appear on prior filings.
• Review the emergency request you are submitting so your notice details match it.
• Gather records of calls, emails, or messages showing when you gave notice.
• Verify the correct hearing date, time, and department.
• Decide whether you gave notice or need to explain why you did not.
• Prepare any separate proof of service forms that may also be required.
• Check local court procedures for emergency filings.
• Make sure you have the most current version of the form.

During

• Complete the caption section with accurate court and case information.
• Clearly state your role in the case.
• Enter the exact date and time you gave notice.
• Specify the method used to provide notice.
• Accurately describe any response from the other party.
• Provide detailed facts if notice was not given.
• Review all entries for consistency with your emergency request.
• Sign and date the declaration under penalty of perjury.

After

• Make at least two copies of the completed form.
• File the original with the court clerk or through the electronic system.
• Confirm that the clerk stamped or accepted your filing.
• Serve filed copies as required by court rules.
• Keep proof of submission or electronic confirmation.
• Organize your documents in a case file folder.
• Calendar the hearing date and any follow-up deadlines.
• Bring a filed copy to the emergency hearing.

Common mistakes to avoid with FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders

• Mistake: Stating that notice was given but not including the date and time, which often happens when you rush, leading to court delays because the judge cannot confirm reasonable notice; do not forget to include exact details.
• Mistake: Using informal language like “I told them” without describing how and when, which happens from a lack of clarity, causing confusion about compliance; do not forget to specify the method of communication.
• Mistake: Leaving the explanation blank when no notice was given, often because you assume it is obvious, resulting in possible denial of your emergency request; do not forget to clearly explain the circumstances.
• Mistake: Listing a different case number than on your other documents, which can occur if you copy from an old file, causing filing errors; do not forget to double-check the caption.
• Mistake: Forgetting to sign under penalty of perjury, which happens when assembling multiple forms, leading to rejection by the clerk; do not forget to sign and date the declaration.
• Mistake: Providing inconsistent dates between this form and your emergency application, often due to last-minute edits, creating credibility issues; do not forget to cross-check all documents before filing.
• Mistake: Assuming electronic notice is enough without confirming court rules, which happens when relying on past practice, possibly invalidating your notice; do not forget to verify acceptable service methods.
• Mistake: Failing to keep copies of what you filed, which occurs when filing in person under time pressure, making it hard to prove what was submitted; do not forget to retain stamped or confirmed copies.

What to do after filling out FL-303 – Declaration Regarding Notice and Service of Request for Temporary Emergency (EX Parte) Orders

Once you complete the form, pause and review it slowly. This document supports your emergency request. Small errors can affect how the judge views your case.

• Step 1: Review every date, time, and method of notice for accuracy.
• Step 2: Confirm that the case number and party names match your other filings exactly.
• Step 3: Make at least two clean copies of the signed form.
• Step 4: Assemble it with your emergency request paperwork in the correct order.
• Step 5: Submit the documents to the court clerk or through the approved electronic filing system.
• Step 6: Wait for confirmation that the filing was accepted, either by a stamped copy or electronic notice.
• Step 7: If required, complete formal service of the filed documents on the other party.
• Step 8: Keep proof of service and proof of filing together in your case file.
• Step 9: Mark your calendar with the hearing date and arrive prepared with your filed copy.
• Step 10: Bring all related communication records in case the judge asks how and when notice was given.

Organize your paperwork in one folder labeled with your case number. Keep copies of emails, call logs, or delivery confirmations that support what you wrote in the declaration. If any new developments occur before the hearing, note them clearly so you can explain them if asked.

Preparation shows credibility. When your documents are consistent, complete, and organized, you help the court focus on the urgent issue rather than paperwork problems.