In Orange County, the family law courts will grant a parent or guardian’s request for emergency temporary custody (ex parte) of a child if it is proven with relevant evidence that the child is in danger. Correctly filing this type of request is imperative for prompt approval and the safety of your children in emergency situations.
What Is Emergency Temporary Custody?
If you have reason to believe your children are in danger or under threat of harm while your ex-spouse or another party has legal custody of them, you have the right to take legal action. An emergency temporary child custody order can grant you short-term custodial rights in circumstances involving immediate risk.
An ex parte order provides child protection by awarding short-term custody to another parent or party until a full custody hearing can be held to potentially make more permanent changes. It is often accompanied by a protection order (restraining order) that requires the other parent to stop all contact with the child until the next hearing.
Steps for Filing for Emergency Custody in Orange County
To issue an official request to the courts in Orange County to gain temporary custody of your children when it’s not your scheduled parenting time, take the following steps:
- Gather evidence. The courts require evidence proving the need for temporary custody. Evidence of danger may include police reports, arrest records, medical documentation, restraining orders or the child’s school reports.
- Fill out the paperwork. Fill out forms FL-300 and FL-305. If you need help with the paperwork, you can use a self-help center or contact a custody attorney in Orange County.
- File your request. Submit the paperwork to the family courthouse in your county: the Orange County Family Court. You can file in person at 341 The City Drive South, Orange, California or submit electronically.
- Give notice. You are legally required to notify your ex or the person with current custody of your children about the ex parte request by 10:00 a.m. the day before the hearing, unless it would endanger you or your child, in which case you can request a waiver.
- Attend the hearing. Once you’ve filed your request, an ex parte hearing will be scheduled as soon as possible. You will have the chance to argue your case before a judge. The other party may or may not be present, depending on the circumstances.
The judge will decide whether or not to grant emergency temporary child custody to the requester. If granted, a follow-up custody hearing will be scheduled to determine what the long-term custody plan will look like.
What Circumstances Might Lead to an Emergency Temporary Custody Order?
A routine custody dispute with an ex does not constitute an emergency, and will not lead to an Orange County judge granting temporary emergency custody. The person making the request must submit proof supporting the claim that a child is facing a serious threat of harm.
Examples include:
- Alcohol abuse
- Illicit drug use
- Child abuse or neglect
- Physical or sexual abuse
- Mental abuse or emotional danger
- Domestic violence
- Child abandonment
- Threats of parental kidnapping
- Illegal access to firearms
- Criminal activity
State courts require “substantial evidence” of danger involving a child to grant an ex parte order under California Family Code §3064. If you are facing a situation where you wish to gain temporary emergency custody of your children, contact a custody attorney without delay for legal advice and assistance.
