What You Need to Know About the Grounds for Ex Parte Orders in California
In family law cases, specific rules apply for a parent seeking emergency orders, referred to as ex parte applications. Here’s everything you need to know about the grounds for ex parte orders in California.
The ex parte process asks the court to make orders to help prevent immediate danger or irreparable harm to the moving party or to any children involved, prevent an immediate loss or damage to property, or to make procedural orders, such as setting a date for a hearing on the matter as soon as possible, or to shorten or extend the time necessary for the moving party to serve the other party their notice of the hearing or any supporting documents. Lastly, ex parte orders can be used to reschedule a hearing or trial that has already been set. It is important to note that under the Domestic Violence Prevention Act, emergency/ex parte orders do not apply to ex parte applications for domestic violence restraining orders.
Defining Immediate Harm and Risk
When a parent requests an ex parte order on the grounds of immediate harm or risk, they are asserting that their child has been affected by a recent act of:
- Domestic violence,
- Neglect,
- Sexual abuse,
- Drug abuse,
- DUI arrest, or
- Other acts of careless child endangerment that the other parent is responsible for
In this situation, the court hearing must be set within 20 days of the ex parte order request. In order for a change in custody to take place, the moving party must demonstrate that this change would be in the immediate best interest of the child(ren).
Emergency Child Relief Order
In Los Angeles County, California, a parent can be granted temporary ex parte custody of their child, which means that the other parent does not need to be present nor be served official notice. However, family courts are hesitant to allow temporary ex parte rulings, because it allows a judicial decision without the involvement of the other parent in the proceedings. Despite any apprehension, there are urgent situations where temporary ex parte will be ordered.
California Family Code Section 3064 indicates that the child will be removed by the State of California if it is proven that they are facing immediate harm or risk. However, it is the moving party’s responsibility to show why the court must intervene. To begin this process, a parent will fill out an ex parte custody application in a Los Angeles County family court.
Related: Ex Parte Custody Order: California Family Code 3064
What to Include in an Ex Parte Request
A California Ex Parte Request can also be referred to as an RFO. When filing a RFO, a parent should include the following information:
- An accurate and detailed explanation for how the child is at risk for immediate harm or risk of the child being taken out of California,
- The correct dates of each incident,
- A log of the existing child custody and visitation orders, along with an explanation on how they would be affected if an ex parte request was granted,
- A recently completed declaration under the Uniform Child Custody Jurisdiction, as well as the Enforcement Act (UCCJEA) (FL-105).
Finally, it is important to remember that the parent must provide clear evidence that their child will face immediate harm or immediate risk from being removed from California in order for their ex parte request to be honored by a judge in Los Angeles. The temporary request will be in effect for up to 20 days.
Related: Applying for an Ex Parte Motion in California
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