Emergency Motion To Return Child Without Court Order In New York
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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.
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.
Emergency custody orders are initially temporary. When you file for such an order, you go before a judge typically on the same day you file it without the other parent's presence. If the judge grants the emergency order on that day, it will last only until the next court date.
Legal Examples: A Show Cause Order is issued to a party who has allegedly violated a court order. The individual must appear in court to explain why they should not be held in contempt for failing to comply with the original order, such as not paying court-ordered child support.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
A request for emergency relief pending the determination of an appeal or a motion for permission to appeal shall be brought on by order to show cause. The applicant shall contact the clerk's office in advance of the filing. The papers shall be filed as directed by the clerk's office.
Legal custody is when an adult has the responsibility of making important decisions – such as medical or religious decisions – about the life of a child. Who has custody of a child if there is no court order? Unless a court makes another decision, parents have equal rights to physical and legal custody of the child.
