Nothing is worse than fearing for the safety and wellbeing of your child. Too often, separated or divorced parents encounter this situation, and are forced to take legal action to protect their kids. Fortunately, the state of California and its family law attorneys are here to help.
An emergency custody order, also known as an ex parte order (orders implemented without a hearing or the other party’s awareness), is a rapid and temporary change to your child custody arrangement. It is designed only for true emergencies, when you believe your child is in danger and cannot wait for the standard court timeline.
In California, an emergency custody order is governed by California Rule of Court 5.151. According to that, a concerned parent may be excused from typical custody change requirements as long as they take proper action and produce key documents.
What Constitutes an Emergency Child Custody Issue?
Parents often find themselves concerned for their children. To get emergency child custody, however, the concern must be over an immediate and threatening situation.
For example, if you truly think your child’s physical health or safety are in jeopardy, or that someone may remove them from the state without your permission, it may be time to request the sort of emergency custody order CA law provides for.
Situations warranting such a request include:
- An arrest for drugs, alcohol, assault, or another serious crime
- A physical or mental illness that endangers the child
- Domestic violence in the home
- Child sexual abuse (or a known sex offender in the home)
- Child physical abuse or neglect
- The child being removed from the state without your permission
Can I Get Emergency Child Custody Orders in California?
The short answer is yes, although it is not common or easy to obtain an emergency custody order.
That said, act on your worries now. The court knows that a trustworthy parent would prioritize the wellbeing of their child. Delaying your request could make them question how seriously you take the threat, and thus whether an immediate custody change is truly necessary.
If your request is granted, it’s in place until the next scheduled hearing, which should be within 20 days.
Securing emergency child custody in California allows you to protect your child without going through Child Protective Services or waiting for a standard custody modification, which can take weeks.
Please understand that you should not withhold your child from the other parent without legal modifications to your custody arrangements, as it could complicate your case in the near and distant future.
If you secure emergency custody of your child, be aware that the child may not leave the state of California until the next scheduled hearing.
What Do I Need to Prove to Get Emergency Child Custody?
You must prove an actual, specific emergency. Other issues, even if related to the current concern, aren’t what the court is concerned with.
For example, if you believe your child is being physically abused, do not bring up an instance of the other parent abusing a pet. While pet abuse is terrible and could come up elsewhere in a case, it is not relevant to this order.
Likewise, don’t expect the court to consider non-emergencies as justification for emergency custody rearrangements. Say the other parent lets your healthy, consenting child participate in an organized sport that comes with a risk of head injuries. While your concern is valid, it does not constitute an emergency.
To prove a genuine threat, look to evidence such as:
- Witnesses to the threat
- Text messages (save everything you get from the other parent)
- Photos of wounds or dangerous events
- Doctor and police reports supporting your claim
How Do I Get Emergency Child Custody Orders in California?
If you have tried to reason with the other parent, or even brought a mediator into the conversation, and still feel afraid for your child, it’s time to take action.
Your first step is to apply with the court for an emergency custody order and to get an expedited hearing.
Gather all available evidence and request the proper forms from the court in writing. It’s vital that you secure the correct forms and send them to the right place, which can be tedious even without the stress you’re likely feeling.
Work with an experienced family law attorney to ensure you’re taking every step properly. This increases your chances of a fast hearing and getting custody.
What Are the Notice Requirements for an Emergency Custody Hearing?
You must notify the other parent one day before the hearing, without exception. They may choose to show up or not, but they need to be notified in advance.
According to California Rule of Court 5.151, a parent giving notice of the emergency hearing must provide the following contents of notice:
- The specific nature of the emergency request
- The date, time, and place that they presented the order application
- The date, time, and place of the expedited hearing, if that’s been set
- An attempt to learn if the other parent will oppose the request by attending the hearing or submitting pleadings to the court.
The application for emergency orders must come with one or more of the following:
- Verification and details of delivery of the contents of notice
- A statement that you tried to deliver the contents of notice but could not, and the reasons why
- Reasons why you should not have to inform the other parent
Our California Family Law Attorneys Can Help
Requesting and securing an emergency custody order is complicated. It’s not something most parents have experience with, and navigating the process while afraid and under stress is extremely difficult.
Our family law lawyers have the knowledge and experience to ensure the details are taken care of. Further, we operate with compassion, respecting your family’s desire for support and discretion.
Learn more about emergency child custody in California when you contact our firm by phone or through our easy contact form. It will be our honor to represent your family.