Clearly, most parents would do anything to protect their children. This is particularly when a parent believes their child might be hurt. At the same time, when a couple’s relationship has gone bad, children often are caught in the middle. For example, a parent’s anger can spillover from the broken relationship. This spillover can trigger bad parenting behaviors. In other words, the problems between the paents can cause a parent to act with unusual physical aggression towards the children.
Keep in mind, there are many different ways a parent could act with unusual physical aggression. For example, a parent could give a child an unreasonable or harsh punishment. Alternatively, a parent could act with hostile anger towards the children. As you can see, there are many different ways a parent’s actions could create an unsafe situation for a child. Under these circumstances, the court may grant emergency custody or visitation order. In order words, when a parent’s actions affect negatively the health, safety and welfare of a child, the court can intervene and make emergency orders.
Legal Basis for California Emergency Custody or Visitation Order
In California, the court can make an emergency custody or visitation order under several different situations. The most common situations involve domestic violence or child abuse. At the same time, the court can also intervene when a parent has threatened to take the child and not return them. In other words, a court has discretion to grant an emergency custody or visitation order under a variety of circumstances.
The minor’s parent threatens to leave the state or hide the child away from the other parent. The threatened parent can get an ex parte order preventing the other parent from taking the child outside the local area.
One parent refuses to provide consent to his child receiving urgent medical treatment. The other parent can request an ex parte order asking the judge to allow the medical treatment without the other parent’s consent.
The other parent has been charged with child abuse or molestation.
Keys to a Winning Strategy
The court decides on ex parte matters based on the content in the paperwork filed. In fact, a judge may not even talk with the parties at the hearing. That is to say, is these matters the judge often makes their decision “behind closed doors.” This means that neither party has a change to speak or give the judge additional information. For this reason alone, it is very important that the filed documents provide an easy to understand history and basis for your request.
Contact A People’s Choice for more information. California Rules of Court Rule 5.151 reviews the process for requesting temporary emergency (ex parte) orders and the required documents. A People’s Choice can help you complete the forms needed to get an emergency court order. We can also help you file and serve the forms on the opposing parent. A People’s Choice has over 37 years of experience helping people in these types of matters. In fact, we have helped thousands of people get their “story” in front of a judge in these types of matters. Furthermore, we have seen that, when asking for an emergency custody and visitation order, writing skills can often mean the difference between the court granting or denying the motion. Call us today at 800-747-2780 for immediate help.
Was this article helpful? We would love to know your thoughts! If you found this article helpful, please check the LIKE button below. Your feedback helps us plan topics for future articles.