The Rules About Serving and Filing Responses to Requests for Orders in Family Law Courts can be Confusing. Here is a Primer on What to Do and When to Do It.
Serving and Filing Responses to Requests for Orders in Family Law Courts can be Confusing. Here is a Primer on What to Do and When to Do It.
I receive a great deal of questions from limited scope services customers regarding procedural rules in the Los Angeles County Family Law Court.
The questions I am asked the most relate to service of responses to Requests for Orders.
Today I was asked:
My ex hired a lawyer and their lawyer served me with a request to modify custody by mail at the wrong address, but I was notified and received the papers. Do I have to serve a copy of my response to the request before I file it? Who do I serve–my ex or their lawyer? How long before the hearing must I serve the response?
How and when to serve a response:
In your caset the opposing lawyer needed to serve the motion 16 court days before the hearing if served in person and 16 court days* plus 5 regular days before if served by mail. Since your ex seeks a post judgment modification, rhey or the lawyer were obligated to confirm that they served you at the right address in a declaration. Form FL-334 is usually used to meet this obligation.
Even though you were served at the wrong address you must serve your FL-320 Response on the lawyer for your ex if you intend to file it.
A responsive declaration to a Request for Orders must be served 9 court days before the hearing if served in person and 9 court days plus 5 regular days if served by mail. You use proof of service form FL-330 for personal service and FL-335 for mail service.
You can also serve your FL-320 response via email. The lawyer’s email should be typed under his/her name on the FL-300 Request for Orders (first page at the top left). Use form POS-050 for your proof of service. Service by email must be done 9 court days plus 2 regular days before the hearing. If you serve by email include a message in the e-mail stating: “Dear Ms./ Mr. Lawyer I’d like to serve my FL-320 by email if you do not stipulate to e-service, please write me back and let me know.” This is because under the Code the parties are supposed to agree to electronic service.
* a court day is a nonholiday weekday not weekend days and not government recognized holidays.
Here’s a link to a court day calculator that works for all counties of California.
https://lnkd.in/gdAtsDrw
“BUT WHAT IF I AM LATE”
You should still serve and file your FL-320 opposing the request for orders. The court has discretion to accept it and very likely will accept it.
Galen Gentry Law Group specializes in family law litigation: divorce and paternity matters including post-judgment enforcement.
Our firm offers limited scope services for those people who would like help preparing legal pleadings and forms.
Contact our office today to schedule a free strategy session with our lead attorney, Galen Gentry. Mr. Gentry is a top-rated Woodland Hills, CA based attorney with 30 years of experience protecting people’s rights in divorce and family law cases in the Los Angeles County Superior Court and in the Court’s of all the SoCal counties.
Updated April 8, 2026