Having to obtain emergency temporary custody of your children is a frightening situation where every second matters. If your children are at risk of harm due to a dangerous circumstance – such as domestic abuse or parental kidnapping – you have the right to request this form of immediate custody. If you’re looking for this legal solution in Orange County, take the following steps.
Confirm That What You Need Is an Emergency Temporary Custody Order
The courts in California offer many solutions for parents whose children are in potentially harmful situations. Determine if an emergency temporary custody order – also known as an ex parte order – is the right route for you. An ex parte order is reserved for true emergencies, where a child’s health, safety or well-being is in immediate jeopardy.
Examples include:
- Domestic abuse or violence within the home
- Physical child abuse by someone in the other parent’s household
- Child sexual abuse or exploitation
- Severe child neglect or unsafe living conditions
- Risk of child kidnapping or parental abduction
- Substance abuse by the parent that endangers the child
- A missing or incarcerated custodial parent
There must be a veritable emergency for the courts to grant an emergency temporary custody request, such as immediate danger of irreparable harm to your children. If you are simply unhappy with your child custody agreement or you’ve had a change in circumstance and wish to request a modification, emergency temporary custody is not the right fit.
Gather and Submit the Required Documents
Once you have confirmed that an ex parte order is the correct legal action, start collecting all of the information and documentation that must be included in your request. Under Rule 5.151 of the California Rules of Court, this includes:
- A written declaration of fact, where you describe the situation and demonstrate why emergency custody is necessary as opposed to a standard custody hearing.
- Full descriptions of recent incidents demonstrating immediate harm or threat of harm to your children, or the threat that your children may be taken out of California.
- Any evidence or facts showing “irreparable harm, immediate danger or any other statutory basis” for a change in custody without giving notice to the other parent or party.
- A copy of your family’s current child custody orders, if available, along with an explanation of how the orders would be changed by your temporary custody request.
You will need to submit this information along with your written request for an ex parte order (form FL-300), request for Temporary Emergency Orders (form FL-305), Declaration Regarding Notice and Service of Request (form FL-303) and a request to schedule a court hearing.
Consult With an Attorney
Don’t waste precious time making potential mistakes on the required legal forms and procedures involved in obtaining an emergency temporary custody request in Orange County. Protect your children right away by going straight to an experienced emergency child custody attorney in Orange County.
An Orange County family lawyer can immediately get the local forms you need and submit your request to a judge. A lawyer can also recommend other legal solutions that can protect your family, such as a protective order against a potentially dangerous individual.
For a consultation about obtaining emergency temporary custody of your children, contact Boyd Law 24/7 to get in touch with an attorney in Orange County.
