Ex-Parte Child Custody

The family court is bursting with cases. As a result, and judges manage an extremely large case load. New filings take usually more than 45 days before they are heard in court. Most cases take more than a year to resolve (if you are lucky). If you are faced with an emergency matter relating to your family law case, then we can seek immediate court involvement by demonstrating exigent circumstances and irreparable harm. The court will issue emergency orders pending a hearing in only limited instances, and it takes a skilled attorney to determine whether you have adequate grounds for ex-parte.

A word of advice: Filing an ex-parte without a valid emergency under the family code could lead to sanctions and attorneys fees being ordered to you.

For example, if there is domestic violence, we can request a temporary restraining order (TRO) on an ex parte basis. A TRO is a powerful court-approved tool that can have your abuser removed from your home until a hearing can be scheduled. At the hearing, the evidence is heard and the judge will determine whether the TRO should be made permanent or dismissed. The duration of the restraining order will vary in length depending on the gravity of the incident and the history of prior incidents.

Are You An Ex-Parte Candidate?

Ask yourself the following:

  • Is your situation considered an extreme circumstance?
  • In order to be approved, can you provide proof of great injury and that further injury may occur if no action is put in place
  • Is your extreme circumstance either a domestic violence, child custody issue, or child abduction situation?
  • Are you prepared to provide all proof to the courts and stand by your statements?

If in doubt, don’t assume anything. Contact us and we will tell you exactly what your chances are of prevailing at an ex parte hearing.