Courts can issue an Ex Parte decision for custody cases involving a minor child in emergency situations. Usually, Ex Parte motions require giving notice to the other party by 10:00 a.m. the court day before the hearing. If giving notice will defeat the purpose of the request, you do not need to give any notice. It is important to note getting such emergency orders is difficult. Therefore, it is essential to explain in detail you believe these temporary orders are necessary to protect your child. Courts have granted emergency orders in cases in which a parent has committed acts of domestic violence and/or child abuse.
The following are the general steps in filing a temporary child custody order:
- Fill out documents: You must first fill out a Request for order form also known as a Form FL-300. In addition to filling out a request for order form, you may fill out a Child Custody and Visitation Application. Such an application is helpful because it provides a lot of detail about schedules for visits and for the holidays.
- Consult a Beverly Hills family law attorney or Family Law Facilitator before filling out the forms listed above, to make sure they will be free from any error.
- Two copies of the documents must be made because you will need one for you and the child’s other parent.
- Filing your forms with a court clerk: Once you file your forms with a court clerk you will also need to pay a filing fee.
- Court date or mediation date: Once you have filed your papers with the clerk, you will be given a court date.
- Service to the other party: You will have to find someone who is 18 years or older to serve the other parent with a copy of your papers, a blank Responsive Declaration to Request for Order, before your court date and will sign the proof of service. It may be easier to hire a process server.
- File proof of service: Your server will have to fill out a proof of service and give it to you so you can file it with the court.
- Lastly, you will prepare for your mediation and or court hearing. After your court hearing, the judge will decide on the custody arrangement, and at that point, your lawyer will usually be asked to prepare the order.
Contact Our Beverly Hills Family Lawyer Today
Cary Goldstein, Esq., PC is led by a Beverly Hills family law attorney who is committed to being your top choice when it comes to legal advocacy. No matter the nature of your situation, you can rest assured we will go above and beyond on your behalf. Allow us to fight for your rights today.
If you would like to schedule an initial consultation with a member of our firm, please don’t hesitate to contact us by calling (310) 935-0711 at your earliest convenience.
