This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Emergency Motion To Return Child Without Court Order In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000277
Format:
Word;
Rich Text
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FAQ
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.
If you want to change a temporary custody order, you'll have to file a motion, write an affidavit (written statement), and collect other affidavits from professionals, neighbors, friends, and family members who support your motion.
If you no longer want to continue with your custody and visitation case, you can file a motion asking the judge to dismiss it. However, if the other parent has already come to court or filed legal papers in the case, both you and the other parent must sign the motion for dismissal.
Common grounds for emergency custody or visitation orders include: Domestic violence. Child abuse or neglect. Substance abuse issues or other criminal activity. Physical or mental health conditions. Questionable individuals in the home.
You may appeal a temporary order if there's a concern related to abuse or neglect. Time-sensitive Issues or those involving threats to you or your child's safety may also be used as the bases for your appeal of a temporary order.
If granted, the emergency custody order stands until a judge issues further custody orders. Once an ex parte emergency custody order has been issued, a return hearing must be scheduled within ten days to determine whether an emergency order should be continued.
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm. However, understanding what constitutes emergency custody can be complicated.
The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).
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.
More info
If you need a judge to make an order as soon as possible due to an emergency, you can file a request for a temporary emergency order. The Family Law Facilitator's Office offers assistance with the completion of legal forms and provides procedural guidance in most areas of Family Law.Contra Costa County has enacted Temporary Emergency Local Rules that are intended to provide guidance for parents experiencing custody disputes and conflict. You would have to do a motion to Quash the Sacramento case and have it transferred to your county. A Motion to Change Venue must be filed in the county where the case is presently filed. Go to court for a full contested hearing, even if it is a temporary orders hearing. Seeking permission to ifie a writ petition challenging a. September 11, 2018, order filed in the Contra Costa. Step 5: Default Judgment without a Court Hearing. Note: A "default" is a term for the failure to do something a person ought to do.