When You Can't Wait for a Regular Hearing

Sometimes a regular hearing date weeks away isn't soon enough. California allows emergency, or ex parte, requests for temporary custody orders, but only in limited situations.

For custody, the court generally requires a showing of:

•       Immediate harm to the child, or

•       An immediate risk that the child will be taken out of California

The request is usually made on an FL-300 with a detailed declaration. You must also give the other parent notice, generally by 10 a.m. the court day before you go to court, and file a declaration about that notice (FL-303).

Many emergency requests are denied, and the most common reason is a lack of specific facts. "I'm worried about my child" isn't enough. The judge needs to know what happened, when, and why it puts your child at risk right now. Police reports, medical records and messages can help.

If the judge doesn't find an emergency, the request is often set for a regular hearing instead. Filing an ex parte request for a non-emergency can also hurt your credibility.

If you believe your child is in immediate danger, call 911 first. For help with an emergency filing, call me at 877-4CA-FCLS (877-422-3257).