Form FL-306 Request to Reschedule Hearing: Filing, Service, and Deadlines

California Form FL-306, Request to Reschedule Hearing, is the form you file when you need to move a family law, governmental child support, uniform parentage, or custody and support hearing to a different date.¹ Submit it with a proposed order on Form FL-309 and proof that you notified the other party, and get the whole package to the court clerk at least five court days before the current hearing date.²

When FL-306 Is the Right Form

FL-306 applies when a hearing is already on calendar, typically one set by a Request for Order (FL-300) or an Order to Show Cause, and one party needs the court to move it. The form itself lists three reasons the court will consider:²

The moving papers were not served on the other party in time for the hearing.
The parties need to attend child custody mediation or recommending counseling before the court can hear the matter.
Other good cause, which you have to describe in your own words. Something like a medical emergency, an unavoidable scheduling conflict, or a need for more time to gather evidence.

Two boundaries matter. FL-306 cannot be used to reschedule a domestic violence restraining order hearing; the form says so on its first page.² And if you and the other party already agree on a new date, FL-306 is probably the wrong tool. A written stipulation on Form FL-308, Agreement and Order to Reschedule Hearing, is the simpler path when no one is opposed. A signed FL-308 can be presented on the hearing date itself, though filing it at least five days early spares the judge a second look at your file.³

What You Need to File Together

FL-306 is one piece of a small packet. Gather these before you start:

FL-306, Request to Reschedule Hearing, the main form.¹
FL-309, Order on Request to Reschedule Hearing. You fill in the requested details and leave it unsigned for the judge.⁴
FL-303, Declaration Regarding Notice and Service, or a local equivalent, showing you told the other party about the request and gave them copies.⁵
MC-030, Declaration, if you need more room to explain your reasons than FL-306 provides.⁶
FL-304-INFO, an instruction sheet from the Judicial Council. Not a filing; the form itself tells you to read it before starting.²

Filling Out the Form

Copy the case caption exactly as it appears on your existing papers: names of petitioner or plaintiff, respondent or defendant, any other parent or party, and the case number.²

Identifying the Hearing

Item 1 asks who you are and your role: box 1a if you filed the original moving paper, box 1b if you are responding to it. Item 2 asks what kind of hearing you want moved, with boxes for a Request for Order (2a), an Order to Show Cause for contempt or seek-work (2b), or Other (2c). Items 3 and 4 want the date the underlying motion was filed and the current hearing date. Item 5 asks whether the court issued temporary emergency orders along with the original moving paper.²

Your Request and Your Reason

Item 6 is where you propose new timing. You can ask for a hearing after a specific date (6a), list dates you are unavailable (6b), or write a custom request (6c). Item 7 is where you say why the hearing needs to move, and you check every box that applies: papers not served in time (7a), mediation or counseling needed first (7b), or other good cause (7c). If you check 7c, be specific. “I have a scheduling conflict” is thin. “I am scheduled for surgery on that date and my doctor has advised against travel for two weeks” gives the judge something to weigh.²

Notice, Service, and Signature

Items 8 through 10 are the form’s own reminders of what you owe the court and the other side: notify the other party at the first reasonable opportunity, file proof of notice and service (usually FL-303), and get the packet in no later than five court days before the current hearing date. Item 11 is the checkbox confirming your proposed FL-309 is attached.² Sign under penalty of perjury, print your name, and date the form.

Notifying the Other Party

The court will generally not act on FL-306 without proof the other side was told and given copies.³ Someone at least 18 years old who is not a party to the case has to do the serving.⁷ The timing standard is “at the first reasonable opportunity,” meaning as soon as you can, not the day before the deadline. Your server completes FL-303 documenting when and how notice was given, and you file it with FL-306 and FL-309. The court can waive the notice requirement only if it finds exceptional circumstances, which is a high bar.²

Deadline and Fees

The full packet, FL-306, FL-309, and FL-303 or equivalent, goes to the clerk of the court where your case is pending at least five court days before the current hearing date. Later filing is possible only with a very good reason, and the form treats that as the exception.²

On fees, the statewide schedule sets a motion in a family law matter at $60 under Government Code section 70677(a), and a request or stipulation for continuance that does not require its own hearing at $20 under Government Code section 70677(c).⁸ Which one applies to your FL-306 depends on whether your local court treats it as a motion or a simpler continuance. Ask the clerk when you file.

If you cannot pay, file Form FW-001 for a fee waiver at the same time. You qualify if you receive certain public benefits such as Medi-Cal, CalFresh, or SSI, if your household income falls below the limits on the form, or if paying would prevent you from covering basic needs.⁹

After You File: Show Up Anyway

The judge decides the request on the papers. You typically do not get a separate hearing on whether to reschedule. The court either grants the request and signs FL-309 with a new date, or denies it.

Here is the part people miss. If you have not heard from the court before the original hearing date, you have to show up. The FL-304-INFO instruction sheet says so directly: attend the hearing, because the court may make a decision without you.³ Filing FL-306 does not postpone anything on its own. Only the signed order does.

If the request is granted, you are not finished. You still have to serve the other party with the signed FL-309, the filed Request for Order or other moving papers, any temporary emergency orders, and any other documents the court requires.³

If You Cannot File in Advance

When circumstances prevent you from filing FL-306 in advance, you can appear on the hearing date and ask orally for a continuance. Bring a proposed FL-309 for the judge to sign if the request is granted. This route is riskier, since the judge decides on the spot and the other party is already there ready to be heard, but it is a recognized procedure under the Judicial Council’s instructions.³ File in writing when you can, so the judge has time to consider the request and the other side has time to respond.

1
California Courts | Self Help Guide. Request to Reschedule Hearing (Family Law—Governmental—Uniform Parentage—Custody and Support)
2
Judicial Council of California. California Court Form FL-306 – Request to Reschedule Hearing
3
Judicial Council of California. FL-304-INFO How to Reschedule a Hearing in Family Court
4
California Courts | Self Help Guide. Order on Request to Reschedule Hearing
5
California Courts | Self Help Guide. Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders
6
California Courts | Self Help Guide. Declaration (MC-030)
7
California Courts. Serving Court Papers
8
Superior Court of California. Statewide Civil Fee Schedule
9
California Courts | Self Help Guide. Ask for a Fee Waiver