A Responsive Declaration to Request for Order is the California family court form you file to tell the judge whether you agree or disagree with the other party’s Request for Order (RFO). You use Judicial Council Form FL-320 to lay out your side, present supporting facts, and ask for different orders if you want something other than what was requested.1California Courts. Responsive Declaration to Request for Order (FL-320) You must file and serve it at least nine court days before the hearing, so the clock starts the moment you’re served.
What Happens If You Don’t File One
If you skip the responsive declaration, the judge doesn’t pause the case. The court can issue orders based entirely on what the other party submitted, without hearing your side in writing.2Judicial Council of California. FL-320-INFO Information Sheet: Responsive Declaration to Request for Order That could mean custody arrangements, support amounts, property restrictions, or attorney fees granted exactly as the other party asked. You still have the right to appear and speak at the hearing, but walking in with nothing on file puts you at a serious disadvantage. The judge has already read the other party’s paperwork. Yours should be in the file too.
Your Filing and Service Deadline
Under California law, opposing papers must be filed with the court and served on the other party at least nine court days before the hearing. Court days are weekdays the court is open, so weekends and court holidays don’t count.3California Courts. Serve Your Responsive Declaration If you serve by mail rather than by hand, add five calendar days when both parties are in California.4California Legislative Information. California Code of Civil Procedure 1005 If the other party is out of state, the mail add-on becomes ten calendar days.
Count backward from the hearing date as soon as the RFO is served on you. Missing this deadline by even one day can result in the court disregarding your papers or the other party asking for a continuance that delays everything.
The Forms You Need
The core form is the Responsive Declaration to Request for Order, Form FL-320. On it, you go through each request the other party made and indicate whether you consent, object, or want a different order.5California Courts | Self Help Guide. Request for Order (Form FL-300) – Section: Your Options If the RFO covers more than one issue, such as custody and support together, you respond to all of them on a single FL-320 rather than filing separate forms.6California Courts. Respond to a Request for Other Order
Item 9, labeled “Facts to Support,” is where you explain your position. The space on the form itself is limited. If you have more to say, check the box for “Attachment 9” and attach Form MC-031 (Attached Declaration), which gives you room for a longer narrative that you sign under penalty of perjury.7California Courts. Attached Declaration (MC-031)
After signing, make two copies. File the original and both copies with the court clerk, who stamps the copies and returns them to you. Some California courts allow electronic filing for family law documents, so check your local court’s website.
Financial Disclosures When Support Is at Issue
If the RFO involves child support, spousal support, or domestic partner support, both parties must file a current Income and Expense Declaration (Form FL-150).8Judicial Branch of California. California Rules of Court 5.260 – General Provisions Regarding Support Cases It details your income, expenses, assets, and debts so the judge can calculate appropriate support. Filing nothing, or filing an incomplete version, gives the court less reason to credit your position.
In child support hearings only, you may be able to use the shorter Financial Statement (Simplified), Form FL-155, in place of FL-150. The eligibility rules are strict. You cannot use FL-155 if any of these apply:
- You are self-employed in any capacity.
- Spousal support is being requested or modified.
- Either side is asking the court to order attorney fees.
- You receive income from sources beyond wages, disability, unemployment, workers’ compensation, Social Security, retirement, interest, or public benefits.
If any of those apply, use the full FL-150.9Judicial Council of California. Financial Statement (Simplified) FL-155 Most contested support cases involve spousal support or attorney fee requests, so FL-155 rarely qualifies in practice.
If You Can’t Afford the Filing Fee
California allows a fee waiver using Form FW-001. You qualify if you meet any one of three tests: you receive public benefits such as Medi-Cal, CalFresh, CalWORKs, SSI, SSP, General Assistance, IHSS, unemployment, WIC, Tribal TANF, or CAPI; your household income is at or below 125 percent of the current federal poverty guidelines; or paying the fees would prevent you from covering basic household needs like food, rent, and utilities.10California Courts. Ask for a Fee Waiver You only need to meet one. If your income later increases, you must notify the court within five days using Form FW-010 or face penalties.
Writing the Declaration and Gathering Evidence
A responsive declaration is only as strong as the facts behind it. Before you write, pull together the records that back up your position on each request in the RFO. Useful evidence usually falls into these categories:
- Financial records such as pay stubs, bank statements, tax returns, and proof of expenses.
- Emails or text messages showing agreements, threats, or relevant conversations.
- Police reports, medical records, school records, or prior court orders.
- Photographs or videos documenting living conditions, injuries, or other circumstances.
Attach these as exhibits to your FL-320. Black out sensitive information like Social Security numbers and financial account numbers before attaching, and label each exhibit so the judge can match it to the facts in Item 9.
If someone else witnessed relevant events, ask that person to write and sign a declaration describing what they personally saw or know. A witness declaration carries more weight than your own description of what someone else observed. Attach signed witness statements as additional exhibits.
Write your narrative tightly. Dates, times, and specifics persuade judges far more than emotional language. “On March 12, the children were returned two hours late without dinner” lands harder than “he constantly disrespects the custody schedule.” Address each of the other party’s requests individually and explain, point by point, why you agree, disagree, or want something different.
Serving the Other Party
You must formally deliver a copy of your responsive declaration to the other party before the hearing, and you cannot do it yourself. Someone else, at least 18 and not a party to the case, has to handle delivery.3California Courts. Serve Your Responsive Declaration Two options:
- Personal service, where a third party physically hands the documents to the other party. This is the most straightforward method and avoids the extra calendar days that mail service requires.
- Service by mail, where a third party mails the documents. Mail service adds five calendar days to your deadline when both parties are in California, so plan ahead.
After service, the person who delivered or mailed the documents fills out a proof of service form. For personal delivery, use Form FL-330, Proof of Personal Service.11Judicial Branch of California. Proof of Personal Service (FL-330) For mail service, use Form FL-335, Proof of Service by Mail. File the completed proof of service with the court alongside your responsive declaration. Without it on file, the court may treat your papers as not properly served.
Mediation in Contested Custody Cases
If the RFO involves contested custody or visitation, California requires both parents to attend mediation before the judge will hear the dispute. The court sets the matter for mediation automatically once it’s clear the parents disagree.12Justia Law. California Family Code 3170-3173 Notice of the mediation session usually arrives with or shortly after the hearing date.
If there’s a history of domestic violence or an active protective order, mediation still happens, but with safeguards. The party alleging domestic violence or protected by a restraining order can request in writing that the mediator meet with each parent separately. The mediator must accommodate the request.13Justia Law. California Family Code 3175-3188 – Section: 3181
File your responsive declaration before mediation anyway. The mediator’s role is to help parents reach agreement, but if mediation fails, the judge decides custody and visitation at the hearing based on the written filings, including yours.
Preparing for the Hearing
Reread your responsive declaration and every exhibit before you walk in. Judges frequently ask about specific details in the paperwork, and stumbling over your own filing hurts your credibility. Organize your documents so you can find any page quickly if the judge or the other party references it.
Both sides get a chance to speak. The judge has already read the written filings, so don’t just repeat what’s in your declaration. Focus on responding to anything new the other party raises and highlighting the key facts on your side. Keep it brief and direct. Family law judges often hear dozens of matters a day, and concise arguments get more traction than long ones. If the judge asks you a question, answer that question before pivoting to anything else.
If You Already Missed the Deadline
If the nine-court-day deadline has already passed, you still have options, though none is as good as filing on time. Show up at the hearing. Some judges will accept a late responsive declaration, especially if you can explain the delay. Bring copies with you even if you couldn’t file them in advance.
If the court already made orders without your input, California law allows you to file a motion asking the court to set those orders aside. You have to show the failure to respond resulted from mistake, inadvertence, surprise, or excusable neglect rather than a deliberate choice. The motion must be filed within a reasonable time and no later than six months after entry of the orders, and it needs to include a copy of the responsive declaration you would have filed so the court sees what your position actually is.
Courts respond better to genuine emergencies or confusion about deadlines than to a decision not to engage. The longer you wait after missing a deadline, the harder it gets to undo what has already been ordered.