Emergency Motion To Return Child Without Court Order In Kings
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FAQ
Either parent can file for emergency custody, called an Motion and Declaration for Ex Parte Order, if they allege that the child could suffer irreparable harm staying with the other parent. Emergency motions like these have to be returned for a full hearing in two weeks.
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.
(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.
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.”
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.
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.
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.
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.
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.
