Emergency Motion To Return Child Without Court Order In Collin
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FAQ
The emergency petition for custody must include a signed affidavit that states the child is in imminent danger of harm and should include documents or evidence that support the claim. The more thorough and solid the evidence, the more likely the judge will be to grant the emergency motion.
(Mother/Father) of.......................................... with Passport no................... hereby declare that I am aware that my son/daughter is travelling to India on.......................................... Visa. I hereby take the full responsibility of his/her Visit.
The way to write a good declaration is to focus on the key events and facts that present and prove your point or side of the story. Having too much extraneous information can just lead to the judge losing the thread of your argument. It's hard to be convinced when you're not sure what you've read.
You can get temporary custody forms in Texas from the Courts, which your lawyer can help you properly fill out. You'll need to file those forms with the Court in the county where your child lives. Make sure you bring originals of any documents you include in your petition, as well as a few copies.
Stay Objective: Focus on the parent's qualities and behaviors rather than personal opinions about the custody situation. Keep It Professional: Maintain a respectful and formal tone throughout the letter. Length: Aim for one page; be concise but thorough in your observations.
An example of the rule and the language a testimony should use is this: “I declare under penalty of perjury that the foregoing statement is true and correct. If called to testify, I could and would do so competently.”
Write professionally, but in your own voice — don't try to sound like a lawyer. Be specific. Don't ramble or repeat yourself, and don't include irrelevant information. Don't lie or make assumptions not supported by facts and evidence — include only information that you have personal knowledge of.
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
Prepare the necessary documents: To request an emergency custody order, you must file a sworn affidavit with the court detailing the specific facts and circumstances that demonstrate the immediate danger to the child. Additionally, you need to complete a Petition for Temporary Restraining Order and a Proposed Order.
