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EspañolAm I eligible for an ex parte temporary custody order?
Judges can only grant ex parte temporary custody orders when there is risk of immediate harm to the child or an immediate risk that the child will be removed from the state.1 In the order, the judge could put limits on visitation between the child and the parent who presents a risk so that visitation is:
- virtual;
- supervised;
- suspended; or
- denied.2
“Immediate harm” to the child includes, but is not limited to, having a parent who has recently or continually committed acts of domestic violence, or if the child has been recently or continually sexually abused.
When deciding if there is a “risk of immediate harm,” the judge must consider whether a parent is prohibited from having firearms and ammunition due to state or federal law, a restraining/protective order, an injunction, or a condition of probation or parole. Furthermore, the judge must consider whether the parent has access to firearms and ammunition.1
1 Cal. Fam. Code § 3064
2 Cal. Fam. Code § 3100(c)(1)(A)
Can I ask for an ex parte temporary custody order when I file for custody?
You can include a request for a temporary custody order when you first file for custody, or any time after you first file for custody if you meet the requirements explained in Am I eligible for an ex parte temporary custody order?1 If you are granted the ex parte order, a hearing will generally be scheduled during the next 20 days.2
1 Cal. Fam. Code § 3060
2 Cal. Fam. Code § 3062(a)
If the other parent or I get ex parte temporary custody order, can either of us leave the state with our child?
Whenever a judge grants an ex parte order for temporary custody, s/he also enters an order that says that whoever is getting custody cannot take the child out of the state before the hearing that will establish final custody.1
1 Cal. Fam. Code § 3063
Can I get temporary custody as part of my domestic violence restraining order (DVRO) against the other parent?
If you get restraining order due to domestic violence, the order may include temporary custody of minor children. By law, the judge assumes that it is in the best interest of the child to be in situations where there is no domestic violence.1 The DVRO can also make a temporary visitation schedule for the non-custodial parent. Be sure to tell the judge that you want temporary custody during your restraining order hearing so that the judge can take your request into consideration. Note: Any order for custody, visitation, or support that is made within your DVRO will continue to be effective even when the DVRO ends.2
1 Cal. Fam. Code § 6323
2 Cal. Fam. Code § 6340(a)
