Family, Divorce & Safety · Children
Changing or enforcing custody orders
In this guide
- Existing orders are changed through a Request for Order (form FL-300).
- Emergency (ex parte) orders are available for immediate risk of harm or removal from the state.
- Move-away requests and international travel have their own rules.
Asking to change an order
Either parent can ask the court to change a custody or parenting time order using a Request for Order (FL-300). The other parent is served and can respond, and the parents usually attend mediation before the hearing. Courts look at whether the change serves the child’s best interest.
Emergency orders
When there is an immediate risk of harm to a child or of the child being taken out of California, a parent can ask for temporary emergency orders. Notice to the other parent is usually required, with limited exceptions under the California Rules of Court.
Moving away
A parent who wants to relocate with a child in a way that affects the other parent’s time generally needs the other parent’s agreement or a court order. Courts consider many factors, including the reasons for the move and the child’s relationship with each parent.
Enforcement
When an order isn’t followed, parents can ask the family court for enforcement. District attorneys’ child abduction units help locate children taken in violation of custody orders. The U.S. State Department handles international parental child abduction matters.
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