What is the Difference Between a Case Management Conference (CMC) and a Request For Order (RFO)?

In family law, a Case Management Conference (CMC) is when both sides meet with the judge to update the court on the progress of the case from a procedural standpoint. If you have hired representation, you do not need to attend a Case Management Conference, as your Santa Barbara family law attorney will attend on your behalf.

This check-in occurs to see what needs to happen in order to move the case forward.

Your first Case Management Conference typically occurs within three months of filing the initial paperwork. Case Management Conferences are usually very brief and occur every few months throughout the case.

Typically, child support, spousal support, and child custody orders are not made at Case Management Conferences.

The Case Management Conference will inform the judge about the status of the following issues:

  • Case Management Plan
  • Status of Discovery
  • What future hearings are needed?
  • Scheduling a Mandatory Settlement Conference or Trial Date

During a Case Management Conference, the judge will try to determine:

  • Have the parties reached an agreement?
  • Where is the case in the discovery process?
  • What future hearings are needed and when those hearings should be scheduled for?

What is a Request For Order?

Once you have filed the initial paperwork for divorce or legal separation, you can ask for temporary orders. A Request For Order (RFO) is used to ask the court to make orders. Rested orders include temporary use of an item of property, like a house, until the divorce or separation resolves the final division of property, child support, spousal support, child custody, child visitation schedule, attorney fees, and other requests.

Other orders might include:

  • Domestic Violence Restraining Order (DVRO)
  • Motion for clarification of the order
  • Property possession
  • Move-out or Move-away
  • Modification of a previous order

If you want the court to make certain financial or child-related orders, a Request For Order is typically the correct paperwork to do so. A Request For Order form is an FL-300 and can be found at www.courts.ca.gov.

Additionally, parties will also include a declaration, which is a statement from the party stating facts supporting why the court should grant their requested relief, exhibits, and other required documents (i.e. if financial orders are requested, an Income and Expense Declaration (FL-150 form) is required).

If you have questions about Case Management Conferences or Requests For Orders, feel free to contact Morales Law, the premier Santa Barbara divorce attorney, for free information. We can be reached at (805) 845-5405 or at www.mysantabarbaralawyer.com.