Rule 5.92.Request for court order; responsive declaration

Almost every contested question in a family case arrives through this rule. The default is straightforward: a Request for Order asks for orders, a Responsive Declaration answers, and “request for order” carries the meaning that “motion” does in civil practice — unless a Judicial Council form has been adopted for that specific request.

Restraining orders are the exception that trips people up, and the rule splits them by timing. While a Restraining Order After Hearing is still in effect, a request to change or end it — including the custody, support, or property orders inside it — goes on the DV request form, answered on the DV response. Once that restraining order has expired, any orders that survive it are changed through the ordinary Request for Order and answered on the ordinary responsive declaration. The same split governs a juvenile restraining order that outlives a closed dependency case, sorted by whether it was granted under the Domestic Violence Prevention Act or the Code of Civil Procedure.

Money requests carry mandatory disclosure. Where a party seeks spousal or partner support, attorney’s fees and costs, or other orders about property or finances, a current Income and Expense Declaration must be filed with the request, including the documents that demonstrate income. The same applies to child support requests, where a simplified financial statement may substitute only if the party meets that form’s requirements. No memorandum of points and authorities is needed unless the court requires one in the particular case.

Service depends on posture. The request must be served like a summons — personal service included — where the court granted temporary emergency orders, where the responding party has not yet appeared, or where the court ordered personal service. After judgment, or after a permanent custody, visitation, or support order, service follows Family Code section 215: mail is allowed only if the moving party can verify the other party’s current address, and the address verification is filed with the proof of service. Everything else may go by ordinary notice-and-motion service. Blank copies of the responsive declaration, and of the income and expense declaration where financials are served, go out with the papers.

The responding party files and serves a responsive declaration with facts sufficient to give notice of their contentions. They may ask for relief related to what the moving party requested — but unrelated relief needs its own request for order and its own hearing.