Ex Parte or emergency orders must have a basis; i.e. there must be an emergency. Emergency child custody requests are appropriate where there is a threat of violence, child abduction, or other circumstances where the child is facing imminent risk of harm. In cases involving domestic violence, an emergency child custody order is appropriate when there is recent domestic violence or there is a pattern of domestic violence. In cases where there is a need for an order that does not involve imminent risk of harm to the child, the court can shorten the time to set a hearing.
Ex Parte Child Custody Order
An ex parte child custody order is an emergency request to modify child custody when it is impractical or impossible to wait the minimum statutory period for the court to hear a regular motion. A court will only grant ex parte relief for good cause; the party seeking relief must demonstrate irreparable harm, immediate danger, or some other statutory basis for granting relief.
Requesting an Ex Parte Child Custody Order
Under most circumstances, before a party can seek ex parte child custody order to modify child custody, it must notify all parties not later than 10 A.M. the court day before the intended ex parte appearance; court days do not include weekends or holidays.. The person giving notice must state with specificity the nature of the relief requested and the date, time, and place that an application will be made for relief. In addition, the party must attempt to determine whether any other party will appear and oppose the relief requested.
A request for ex parte child custody order to modify child custody must be made in a written application. In addition, a declaration must accompany the application that makes a factual showing of the need for ex parte relief as well as a description of the notice given, including the date, time, manner, and name of the party informed and whether it is expected that anyone will appear and oppose.
Opposing an Ex Parte Child Custody Order
A party opposing an ex parte child custody order application to modify child support can orally oppose the relief without filing a written opposition. However, it is helpful to state in writing the reasons for opposing in the event the judge has time to consider them before hearing argument. Opposing papers may be filed directly with the clerk of the department on the morning of the hearing.
Parties appearing at the ex parte child custody order hearing must serve the ex parte application and any written opposition on all other appearing parties at the first reasonable opportunity. In some circumstances, this may mean that the exchange should take place the night before the hearing. Most often, the application is not completed until after business hours the day before the hearing. Therefore, the first reasonable opportunity may not be until the morning of the hearing. The court will not conduct a hearing unless the parties have had the opportunity to read each other’s papers.
CALL NOW TO MAKE AN APPOINTMENT FOR A FREE CONSULTATION