During a divorce or separation, one of the most difficult parts is figuring out solutions that benefit the children. Sometimes, however, extenuating circumstances can require more drastic solutions to be taken in order to protect their safety.
Read on to learn more about what an ex parte order does, how you can ask for one and how a Rancho Cucamonga divorce lawyer can help.
Any time the divorce court makes a decision regarding the children, it does so with their safety and wellbeing in mind.
Sometimes, judges have to make snap decisions in order to make sure a child is free from danger in a custody situation.
In California, a petitioner or respondent in divorce proceedings may request an ex parte order from the judge when the safety of the children is in doubt.
In order to do so, the petitioner must fill out the proper forms and seek approval from the judge to execute the order.
Some of the reasons a judge might issue an ex parte order may include if the children are in danger of physical or sexual abuse.
In order to execute an ex parte order, the petitioning parent has to have evidence or proof of the children’s imminent dangers beyond their own testimony.
Because you are trying to convince the judge to make an immediate decision based on an urgent danger to your children, an ex parte order is only temporary. Later, a judge can make a more permanent custodial decision once the respondent has had a chance to respond under due process.
When the safety and well-being of your children is in jeopardy, there’s no time to waste. Contact a family law specialist from The Law Office of Laurence J. Brock today for help with filing an emergency ex parte order in California.
Call 909-466-7661 or fill out the form below with your information to set up a call-back.