Emergency Custody Orders In Family Law Court

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Emergency custody requests (also called ex parte custody requests) can be used to seek help from the court in cases where the child is in imminent danger or is at risk of being removed from California.  Generally, the court sets a hearing date 60-80 days out from the day a motion is filed.  A parent with an emergency request can bypass this waiting period.  Since an emergency request allows one to skip the line at court, the person bringing the request must meet a higher burden specified in Family Law Code section 3064.

This section provides that:
The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California.

The applicant parent must show through declarations that there is imminent danger to the child. Each judge has to determine whether the information alleged in the application meets this threshold. If the declaration shows that there is such a danger to the child, the court may do a few different things. The Court may grant the request and make emergency orders, or it may order an immediate hearing with shortened notice. This may mean that the Court can order the parties and their attorneys to appear the next day or within the next 30 days to answer any questions the court may have.

If there is no showing of immediate danger to the child, the court may deny the application outright, or alternately set the request for a noticed hearing.  Situations that warrant an emergency order usually occur when you think your child has been abused or neglected, a parent removed the child from the State, a decision needs to be made in the child’s best interest before the request can be heard by the court within the 60 day period.

If you are facing a situation where your children are at risk of immediate harm, or are being withheld or removed from your custody, talk to a family law attorney about how you can seek an emergency request for judicial relief. Alternatively, if you are facing a meritless ex parte application, Section 3064 is an extremely useful tool to fight the emergency requests.

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