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How to Reschedule a Court Date in a Family Law Case

If you have a court date in a family law case (like a divorce, parentage, child custody or support), you may be able to ask the court to postpone your court date. You have to file your request at least 5 days before the court date, unless you have a very good reason not to.

You may also want to read How to Reschedule a Hearing in Family Court (form FL-304-INFO).

Do not use these instructions to reschedule a restraining order court date!

Pick the option that best describes your situation:

  1. Fill out:
  • Request to Reschedule Hearing (FL-306) 
  • Order on Request to Reschedule Hearing (FL-309) (just fill out the boxes at the top and #1-4 above the line)
  1. Make 1 copy of FL-306 and FL-309.
  2. File original and copy in the Clerk’s Office.
  3. Return to pick up your paperwork. If your FL-309 is signed by the judge, it will have a new court date. Attach it to your FL-300 paperwork to serve the other side.

  1. Fill out:
  • Request to Reschedule Hearing (FL-306) 
  • Order on Request to Reschedule Hearing (FL-309) (just fill out the boxes at the top and #1-4 above the line)
  • Civil and Family Law Ex Parte Request Information (MMC-120) (just write the case name and case number and the date you plan on filing your paperwork asking for a new court date)
  • Declaration re. Notice Upon Ex parte Application for Orders (MMC-121) (for now, just fill out the top boxes and items 1 & 2)
  1. Make 1 copy of FL-306 and FL-309.
  1. BEFORE you turn in the FL-306 and FL-309 to the court, you will have to let the other side know that you're asking to change the court date. You will have to notify the other side by 10 a.m. the business day before the date you wrote on your form MMC-120 (the date that you'll be filing your request to change the court date).  To let the other side know, you have to personally deliver, text or email the other side forms FL-306 and MMC-120 filled out, together with a blank Responsive Declaration to Request to Reschedule Hearing (FL-310).  You can do this step yourself unless there's a restraining order against you.
  1. Finish filling out the Declaration re. Notice Upon Ex parte Application for Orders (MMC-121) with the date and time when you let the other party know about your request. Also say how you let them know.
  1. THEN turn in the original and one copy of FL-306,  FL-309 and MMC-121 in the Clerk's Office. 
  1. Return to pick up your paperwork. If your FL-309 is signed by the judge, it will have a new court date. Serve the other side with the signed FL-309 (since you already served the FL-300). Have your server fill out a new proof of service.

  1. Fill out:
  • Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders (FL-307) 
  • Order on Request to Reschedule Hearing (FL-309) (just fill out the boxes at the top and #1-4 above the line)
  1. Make 1 copy of FL-307 and FL-309.
  2. File original and copy in the Clerk’s Office.
  3. Return to pick up your paperwork. If your FL-309 is signed by the judge, it will have a new court date. Attach it to your FL-305 and FL300 paperwork to serve the other side.

  1. Fill out:
  • Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders (FL-307)  
  • Order on Request to Reschedule Hearing (FL-309) (just fill out the boxes at the top and #1-4 above the line)
  • Civil and Family Law Ex Parte Request Information (MMC-120) (just write the case name and case number and the date you plan on filing your paperwork asking for a new court date)
  • Declaration re. Notice Upon Ex parte Application for Orders (MMC-121) (for now, just fill out the top boxes and items 1 & 2)
  1. Make 1 copy of FL-307 and FL-309
  1. BEFORE you turn in the FL-307 and FL-309 to the court, you will have to let the other side know that you're asking to change the court date. You will have to notify the other side by 10 a.m. the business day before the date you wrote on your form MMC-120 (the date that you'll be filing your request to change the court date).  To let the other side know, you have to personally deliver, text or email the other side forms FL-307 and MMC-120 filled out, together with a blank Responsive Declaration to Request to Reschedule Hearing (FL-310).  You can do this step yourself unless there's a restraining order against you.
  1. Finish filling out the Declaration re. Notice Upon Ex parte Application for Orders (MMC-121) with the date and time when you notified the other party about your request. Also say how you let them know.
  1. THEN file the original and one copy of FL-307,  FL-309 and MMC-121 in the Clerk's Office. 
  2. Return to pick up your paperwork. If your FL-309 is signed by the judge, it will have a new court date. Serve the other side with the signed FL-309 (since you already served the FL-305 and FL-300). Have your server fill out a new proof of service.

If you and the other side agree to postpone your court date, you can both sign an agreement and file it with the court.

  1. Fill out  Agreement and Order to Reschedule Hearing (FL-308). 
  2. Both of you sign the Agreement. 
  3. Make 1 copy.
  4. Turn in the original and copy of the Agreement at the Clerk's Office. You will get a new hearing date.
  5. Keep the original of the Agreement and give a copy to the other parent.

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