What Can a Court Consider from a Party Responding to a Request for Order?

Family Code Section 213 requires that affirmative relief rquested in a responsive pleading be limited to what is raised in the moving papers. (Fam. Code § 213). "For example, if the notice or OSC only requests temproary cusotdy and child support, a Responsive Declaration may request temporary custody and child support fo the responding party's benefit, but may not request restraining orders, spousal support or attorneys' fees." (Hogoboom & King, California Practice Guide, (The Rutter Group 2017)). 

Thus, if you want the court to make orders outside the scope of the requests made by the other party, you simply have to file a separate RFO. 

Santa Barbara Divorce Lawyer Marcus Morales is here to fight for you and your family. Call Morales Law, P.C. at (805) 422-7966 for all your Santa Barbara Divorce Law needs. 

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