California courts allow a person to file for emergency orders in family matters. People living in California file ex parte motions fairly often. Keep in mind, the purpose of asking for a California ex parte child custody order is so a judge can make a decision on a legal issue on short notice rather than on the court’s regular calendar. (See California Rules of Court 5.151). In other words, the sole purpose of filing an ex parte Request for Order (RFO) is to get in front of a judge fast (often only a day or 2). On the other hand, courts usually set regular hearings within 45 or 60 days of filing. As you can see, the ex parte process has a much shorter timeline.
Emergency custody orders are usually only granted when there has been domestic violence, child endangerment or child abduction. An expedited child support order cannot be obtained using the ex parte process. Read on to learn about common examples of valid emergencies for filing a request and getting a California ex parte child custody order.
“I faced an emergency situation and did not know what to do. With the help of A People’s Choice, I was able to get my case in front of a judge within just a few days.”Michael B.
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Get Help with a California Ex Parte Child Custody Order!
Reasons to File Request for California Ex Parte Child Custody Order
To explain in greater detail, here are some reasons you may want to ask for a California ex parte child custody order:
- A child needs medical attention that requires both parents’ consent, but one parent refuses. A parent can ask the court to grant a California ex parte child custody order so that only one parent is needed to provide consent for the needed treatment.
- A parent has taken the child, hid the child or threatened to leave the state with the child. Often, in this case, there is valid reason to believe the other partent will carry out their threat. In this situation, a parent can ask for a California ex parte child custody order on shortened notice that demands the child be returned. Often these emergency orders will include an order which prevents the threatening parent from removing the child from the city or State.
- A parent is acting in a way that could harm a child. For example, if a parent has recently been charged with driving drunk with the child in the car or charged for child abuse or molestation. A parent could ask the court for a California ex parte child custody order that prevents visitation pending mediation and a full hearing.
Information Required in California Ex Parte Request (RFO)
Keep in mind, Family Code Section 3064, describes what information is needed to apply for California ex parte orders for child custody or visitation. The following facts and information should be included in an ex parte request (Request for Order).
(A) Provide a detailed description explaining why and how the child could be harmed as 1) described in Family Code Section 3064(b) or 2) there is an immediate risk that the parent will take the child outside California.
(B) Identify the date of each incident..
(C) Describe the existing custody and visitation (parenting time) arrangements and/or orders and explain how they would be changed by the emergency orders being requested.
(D) Describe in detail the current living arrangements of the child.
E) Include a completed, up-to-date, Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105 if one has not been filed before or if the information has changed.
In conclusion, unless a parent can substantiate their child will suffer immediate harm or immediate risk, or can prove that the other parent plans to remove the child from California, their ex parte request will most likely be denied by a judge. Keep in mind that an ex parte order is temporary. The temporary order will stay in place until the Request for Order hearing is held. Court hearings are generally set within 20 days. At the last hearing, the judge will decide whether the order shall remain permanently in effect.
Forms Required for California Ex Parte Child Custody Order
The court requires various forms to file a California ex parte child custody order. As mentioned above, ex parte orders are only available under emergency circumstances. You will need to convince the judge that great injury will be caused if the court does not make an immediate order. The following forms are required to get a California ex parte child custody order:
Request for Order – FL 300
Temporary Orders – FL 305
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) – FL 105
Declaration Regarding Notice and Service of Request for Temporary Emergency Orders – FL 303
Application for Order and Supporting Declaration – FL 310
Child Custody and Visitation Application Attachment – FL 311
Proof of Service – FL 330
All of these forms can be found on the court’s website. In addition, complete FL 150 Income and Expense Declaration if you are asking for a child support order. Keep in mind that the court will not decide on child support until the last hearing. You may need to complete other forms depending which county you plan to file your ex parte RFO.
Getting Your Ex Parte Matter in Front of a Judge
First, file the original documents with the court clerk. They will give you a date and time for the hearing. Next, you will need to serve the filed copies on the opposing party or their attorney. Keep in mind, you must call the opposing party by 10:00 a.m. the court day before the ex parte date to provide notice of the hearing. You will need to tell them what orders you are asking the judge to grant. In addition, you will also need to tell them where and when the hearing will take place. If the child is in danger, there may be a way to avoid having to give the other parent advance notice of the ex parte proceeding. Lastly, you will need to serve the other party with the Ex Parte RFO documents. Although it varies by court, this typically must be done by 2:00 p.m. the court day before the ex parte hearing date. Contact A People’s Choice for more information about how we can help you get a California ex parte child custody order, and learn about other legal document preparation services we provide. We can help you prepare and file the documents you need for an ex parte child custody order request and save you thousands of dollars as compared to using an attorney.
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Is there an filing fee for an RFO in Los Angeles County?
Yes there’s a fee.
my mother in law filed for an emergency guardianship on false pretenses. i have not spoke to or seen my daughter since march 24th or spoken to her. my husband who recently was in jail has been allowed to see her and talk to her. His mother while he was in jail on the phone said, “if you call cps on Debbie we will talk about bailing you out of jail.” also she just sent a birthday video to my husband and you can clearly see that my daughter is withdrawn and isnt her bubbly happy 3 year old self. my husband has witnessed his mother talking bad about me multiple times to our daughter, and she told her, her daddy was in jail bevause he did something bad something a 3 year old should know nothing about.. court ient until june 15 because of the covid19 my child is obviously being psycologically being abused amongst whatwver else is going on. Do you think this is grounds to file an ex parte??
You should talk to an attorney for legal advice.
Can an ex-parte order be placed by father when mother refused to work on change of custody? Mother filed a temporary restraining order against father (my son) including an ex-parte order for visitation for father every other weekend. The temp restraining order was dismissed by judge, No domestic violence took place. Mom refuses to increase custody sharing. She refuses to give information on baby’s health status and writes notes that she does not consent to father seeking medical care for daughter.
It will vary from court to court and judge to judge which constitutes an “emergency”.
I have full custody of my daughter and have had custody for all 13 years of her life. She ran out of the house the other night and called her dad. I made a verbal agreement with him that she could spend time with him. At the time I was not aware of why she ran but the puzzle pieces have come together. If I would have understood the reason she ran I would have never given a verbal consent for her to go. Now he will not return my daughter and it’s been 2 months. She has a you her sister who is 12 and we miss her so much. I never intended things to play out this way. Her father lives two counties away I thought he would be reasonable and bring her to visit and deescalate situation but instead he has turned her against me and we do not have regular communication. Should I file an ex parte?
Obviously the choice for file an ex parte motion is up to you. Typically there needs to be a true “emergency” for the court to set an ex parte hearing.
My ex husband has been drinking alcohol while he has the children. And I receive a call from my sons school stating that he has been cutting himself and that his dads drinking is an additional stressor. Our original documents state he is not allowed to consume alcohol around his children. He is an alcoholic with several past rehab trips.
you probably want to consider filing either a regular motion or an emergency motion to address these issues and concerns, particularly if they are putting your children at risk.
I let the other party know about the emergency court hearings date but he says that he needs proof. If he doesn’t go does it Benefit me?
If the other party does not show up and proper service/notice was given the court will make a decision based on documents before him.
I have court ordered visitation and joint legal custody and the mother sent me a message on talking parent said I won’t be getting my child tell we go back to court which there is no court date I have not heard from her in almost 3 weeks can I get a emergency ex parte to enforce custody cause I feel my child is in danger
You may be able to get an emergency if your child is in danger. It will be important for your paperwork to explain the urgency of the situation.
Is Alienation and not adhering to a judges orders to participate in Reunification a great reason to file a ex-parte motion? If not, then what can I do to seek an immediate hearing?
HI Fausto – Yes it might be a good reason to file an ex parte motion.
May I file an Ex parte, if we were never married but living together, then my ex moved out and has recently treated to never let me see my child again. She is forbidding my access out of spite over our broken relationship and that I am seeing someone else. She has no other reason to keep my son from me.
All motions require an underlying case so if you were never married then you probably will need to file a paternity action along with the motion. Give us a call for help regarding this.
What happen is I got served an exparte but they did not include the FL300 and then they wanna serve it the day before the court date
Unfortunately I cannot comment, predict or anticipate what a judge would say or do in this situation.
me and the father of the baby are no longer getting along so we decided that we would share the daughter but now every time he takes her he threat texts me saying he will take her n never bring her back what do i do
You probably should file a paternity case and a motion to get an official and legal court order regarding specified custody and visitation. Give us a call for help with that paperwork. 800-747-2780.
Can i file an exparte if my ex refuses to meet to exchange controled refrigerated medication of our child and several times has been iresponsible in handling medication im worried for our daughters health also he is in contempt and refuses to pay child support but im more concerened about the medication and our daughters health
If you feel your child’s health, safety and welfare is in jeopardy due to your ex spouse’s actions, we can help you prepare a motion to bring this matter before the court. please reach out to us at 800-747-2780.
My ex filed for an ex parte hearing I believe in an effort to change the mediation and court hearing dates (they want to prolong the process). I was informed via phone by a rep from their lawyer’s office by the 10am cut off and they stated they would send me an email document that I have not yet received. If i don’t appear for the ex parte hearing can the judge move forward and make a judgement? How will they know if I have been served with the motion and details in a document of the hearing if I don’t open the email and provide a read receipt?
A proof of valid service is required. Valid service could be by phone.
My niece has lived with me since she was 6 months old. She is now 4 years old.
My sister (the baby’s biological mother) has been in and out of her life. My sister suffers from depression and should be on medication but refuses to do so for years she is also deaf. There’s been suicidal attempts on the past and been in an inpatient treatment center at one time. Recently her boyfriend was released from prison and is on parole. My sister has lived in many places but the baby always stays with me in my home. Most Recently my sister had moved into her own apartment and moved her boyfriend in. This past weekend my niece went to visit her biological mother (in my nieces eyes I’m mommy she calls me Mom, mommy, mama and my sister by her name) while there my sister allows her boyfriend to drink beer and they begin to argue and yell. At this point the baby is scared and crying and wants to come home. My sister is in a rage of anger and forbidding the baby to come home. I can hear her crying and calling for me! After some hours go by my sister agreed to let me pick up the baby. That night my sister and her boyfriend continue to fight and get violent with each other. He breaks her phone and she talking suicidal thoughts again. The next day she texting me from college on computer because her phone is broken, all about the domestic violence and alcohol use and told someone at the school about her suicidal thoughts and the school reported it to to local police. They show up at my address thinking my sister lives here. I explained what’s been happening and they do a wellness check on my sister. After 3 attempts they find her at home doing ok. Today on the 3rd day, the domestic violence is still taking place in her home with her and her boyfriend. Now the apartment manager calls me because my sister needs help and her boyfriend hit her and she got him. She admits they are both on methamphetamines and she’s saying she wants to leave this world and go live with it mom who has passed away. She doesn’t want to live. She has burn marks on her thigh self inflicted. She doesn’t care she’ll hurt herself. She doesn’t love herself. Will I be granted custody. Father been absent since before birth. The biological father unknown. No father on birth certificate. Only a father deemed by default. No paternity test.
You should probably try to get an emergency guardianship order for the protection of the child. Give us a call if you need help with the paperwork. 800-747-2780,
My husband just got of prison spousal abuse on me. An I left him ..so he filed an emergency custody because he is saying that I am not stable enough to take care of ma kids an that he wants 72 hour hold on me…but all this is a lie will they grant him that when he has a few charges for abuse an breaki g our thing I have police reports
You should take immediate action and file all necessary paperwork to protect your rights. Give us a call st 800-747-2780 for help.
Can I file an ex parte motion in an established guardianship because the guardians have absconded with my son without the court’s approval? This would be in California
I would talk to an attorney to discuss your options.
Can I file an Ex Parte if parents aren’t agreeing on a school and school has started or is going to very soon? Can that motion include all custody arrangements if they aren’t already in place?
Hi Rosie – you can include a variety of things in an ex parte motion depending upon the previous order. Give us a call and we would be happy to help you with all of the paperwork and to present your requests in the most favorable manner.
Can i get Exparte for my child if I got restraining order for domestic violence for protection for myself to file for emergency custody
Mary – I am unclear of your question. You may want to call the office at 800-747-2780.