Most courthouses in California close by 9pm, but they are always partially open to handle emergency actions for situations that require immediate action such as protecting a child from being harmed. If you have evidence that your child’s other parent will cause them harm, emergency action can temporarily change your custody order to prevent this from happening. If you believe that your child is facing imminent physical/psychological harm or there is evidence that the other parent is planning to take the child outside the state of California, it’s important to contact a California family law attorney with experience handling emergency actions. Envision Family Law, LLP is known for its excellent service and great results.
Obtaining An Emergency Ex-Parte Custody Order
California Family Code 3064 sets forth the criteria for an emergency change to custody orders when it’s alleged that a child is being endangered by their other parent. In order for the court to act, you must prove that there is the likelihood of “immediate harm to the child or immediate risk that the child will be removed from the State of California.” Examples of evidence that would likely meet this criteria would be:
- A police report of violence by the other parent towards the child;
- A plane ticket outside the country for the child within the next week;
- Hospital report indicating traumatic injuries to child and
- Witness statements regarding recent physical or psychological abuse.
Alleging that a parent has poor character or morals does not meet the standard necessary for emergency ex-parte relief as those allegations can be handled through normal proceedings.
Defending Against an Emergency Child Custody Order
If you’ve lost custody of your child because the other parent gave false information to obtain an emergency child custody order behind your back, you will have an opportunity to be heard. You’re entitled to a hearing within twenty days of the date the emergency action was taken, and you’ll need to prove that the evidence that was submitted to obtain the emergency order was false and/or misleading. If you’re successful, the emergency custody order will be dismissed, and custody will revert to the status of the temporary or permanent custody order that was in place before the emergency order.
California Emergency Action Family Law Attorney
If you believe your child is in immediate danger, it’s important to take swift action to protect them from harm. The best way to get this done is to hire an experienced California emergency action attorney with the experience and resources to get your emergency action order into court as quickly as possible. Contact Envision Family Law, LLP today!