Reschedule a family law court date
If you need more time or can't attend your court date (hearing), you can ask to reschedule it. Unless you and the other side agree, you may need to give the court a good reason why you need to change the court date.
Before you start
This page offers basic information about how to ask for a new court date. Many courts have their own (local) rules about how to get a new court date. For more information:
- Contact your court's Self-Help Center
- Read How to Reschedule a Hearing in Family Court (form FL-304-INFO)
How to reschedule your court date
There are a couple different ways to reschedule your court date:
- Get a written agreement signed by a judge
- File a written request to ask the judge for a new court date
It's best to submit your agreement or request at least 5 days before your court date. But, if you can't, you can ask at the hearing.
Have a judge sign a written agreement
If you and the other person in your case agree:
- Fill out and both sign Agreement and Order to Reschedule Hearing (form FL-308)
- Submit the signed form to the court (best to do this at least 5 days before the court date)
If the judge agrees, they will sign the order and you will get a new court date. If they disagree, they won't sign and your court date will not change.
Ask the court to reschedule
If you and the other person don't have an agreement:
Once you've filled out the forms, the steps vary a bit depending on the court and your situation. You may be able to file your Request and have a judge decide without having a court date. In other cases, you may need to have a court date.
Find out your court's local rules
Courts have different ways they'll process the form. Ask a court clerk or someone at the Self-Help Center.
Figure out if you need to serve the other person in your case
If you filed the Request for Order and served it on the other person in your case, you will need to let them know about your request. If the other person filed the Request for Order, then you need to notify them of your Request.
File your papers
File your Request along with Proof that you served the other person in your case.