What You Need to Know About Ex Parte Motions in California
In extreme child custody circumstances where one party believes there is an immediate risk to the child, an ex parte motion may come into play. Here’s how to respond to an ex parte motion in California.
An ex parte motion is a motion for an order that can be granted by a judge without the opposing party’s response. In general, ex parte motions are usually in place until further hearings can be held.
Related: Applying for an Ex Parte Motion in California
What is an Ex Parte Motion in a Child Custody Case?
An ex parte motion may be filed in relation to a child custody proceeding if the seeking party believes that there is an immediate danger or risk present to the child, and wishes to make orders to help prevent that danger.
Any party seeking to issue an ex parte motion is required to notify the opposing party, unless they believe that there is a reasonable chance that the motion could cause irreparable harm to the child, would frustrate the purpose of the order that will be passed, or if the party seeking the motion made reasonable efforts to notify the opposing party.
Related: Ex Parte Custody Order: California Family Code 3064
Opposing an Ex Parte Motion
Usually, notification of an ex parte motion is received by the opposing party the day before the scheduled court appearance of the seeking party. Because of the short turnaround time, it can be frustrating and confusing for respondents to figure out what to do from there. However, respondents have two choices: they can either attend the court appearance in person themselves or file a written response to the motion.
The respondent of the ex parte motion has the right to appear in person at the court hearing, even without an attorney. By going in person, the respondent is given the opportunity to argue directly with the seeking party. This can help the respondent, in that the order may not be passed immediately. Instead, a hearing could be scheduled in the future, giving the respondent time to find an attorney to attend with for that hearing.
Additionally, the respondent or an attorney with the respondent can file a written response with the Court Specialist within 24 hours of the motion’s submission to the court, unless the court requires an expedited response.
These methods of responding to an ex parte motion ensure that the order is not immediately passed without the respondent’s input.
FAQs About Ex Parte Motions in California
What is the difference between an ex parte motion and a regular motion?
An ex parte motion does not require a response from the opposing party for an order to be passed, and therefore, has a much smaller window of time before the order is passed for the respondent to respond to the motion. A regular motion requires the opposing party to respond to the motion before an order is passed.
How long in advance can an ex parte motion be issued?
The party seeking the ex parte motion is required to notify all involved parties (a term known as informal notice). They must notify all involved parties no later than 10:00 a.m. the court day before the ex parte appearance. However, this could change depending on the circumstances of the case, and if the party seeking the order believes that notification of the motion could result in harm to the child.
What happens if I don’t respond to the ex parte motion?
If you don’t respond to the motion, it is most likely that the order will be passed without your input. Therefore, if you want to have some sort of input in the order, responding to the motion is crucial.
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