Emergency Custody Orders During California Divorce
We had a client come to us for what he thought was going to be an uncontested divorce case. At first everything seemed to be going fine, but then things turned sour.
We received a call from our client who said his wife was in the hospital and had overdosed on medication. His concern, aside from the condition of his wife, was that of his minor child. He felt that in her current condition that he should probably ask for emergency court orders that he have temporary full custody until his wife is in better condition.
So what we did was prepare what is called an “Ex-Parte” (pronounced “partay” and not “party”) which is where you go into court on a day of your choosing after giving only 24 hours notice to the other party that you are going to court to seek emergency orders.
It is ultimately up to the court if your issue is considered an emergency and worthy of being heard as such. In this case, the judge did hear our clients motion for full custody and did so make an order that he have full custody until further order of the court.
They will normally set another court date for the parties to return to court to re-assess the order and possibly to hear the other persons side of things, especially where the other party did not appear which is what happened here.
If you are going through a divorce and you need to get temporary emergency orders we can certainly help you achieve getting into court and letting the judge know why you need what you need. Of course, it is always up to the judge to make the orders.
The key to getting your point across is to write a declaration with your motion to explain your side of things. We have gotten really good at preparing and filing motions and getting our clients into court to obtain orders. Whether you need to file a motion or respond to a motion your spouse has filed, we can help.
