California Family Law RFO Practice Under CRC Rules 5.92 & 5.111: Why First-Person Declarations Beat Boilerplate MPAs
Why filing a 15-page civil-style Memorandum of Points and Authorities in Family Court backfires, and which Judicial Council forms must accompany every Request for Order.
1. CRC Rule 5.92(b)(5) & Rule 5.111: The 10-Page Admissible Declaration Rule
Unlike civil law and motion departments, California Family Court operates on mandatory Judicial Council forms. Under California Rules of Court, Rule 5.92(b)(5), no Memorandum of Points and Authorities need be filed with a Request for Order (Form FL-300) or Responsive Declaration (Form FL-320) unless requested by the court.
Instead, judges decide custody, support, fee, and property RFOs primarily on the party's first-person Supporting Declaration (attached to FL-300 Item 10 on Form MC-025). Under Rule 5.111(a)–(c), that declaration is strictly capped at 10 pages (5 pages for a reply declaration) and must state admissible facts within the declarant's personal knowledge, not hearsay, speculation, or legal argument disguised as testimony.
2. Three Statutory Precision Points Every Family Law Draft Must Get Right
First, keep post-separation reimbursement doctrines distinct: Fam. Code § 2640 governs separate-property contributions to the acquisition of property, whereas post-separation payment of community debts with separate funds is governed by In re Marriage of Epstein (1979) 24 Cal.3d 76 and Fam. Code § 2626, and exclusive post-separation use of a community asset is governed by In re Marriage of Watts (1985) 171 Cal.App.3d 366.
Second, under Fam. Code § 271, conduct-based fee sanctions do not require the requesting party to demonstrate financial need, though the court may not impose an unreasonable financial burden, and an updated Form FL-150 remains essential. Third, whenever Fam. Code § 3044 applies (a finding of domestic violence within the prior five years), the court must evaluate the mandatory seven statutory rebuttal factors on the record and cannot rely solely on the general frequent-and-continuing-contact policy of § 3020(b) (§ 3044(b)(1)).
- FL-300 (Moving RFO) or FL-320 (Responsive Declaration) + MC-025 First-Person Declaration (≤10 pages, signed under C.C.P. § 2015.5).
- FL-150 Income and Expense Declaration (current within 90 days + 2 months of pay stubs) on any support, § 2030 fee, or § 271 sanctions request.
- FL-311 Parenting Time Attachment & FL-105 UCCJEA Declaration on custody/visitation requests.
- FL-321 Witness List under Fam. Code § 217 if offering live non-party testimony, plus FL-340 Findings and Order After Hearing.
