Emergency Motion To Return Child Without Court Order In Oakland
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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.
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.
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.
In the declaration you would state what your position is with respect to child custody: “I request _________ custody orders and I request _________ visitation schedule. Then you describe why your proposed custody and visitation schedule is in the child or the children's best interest.
Immediate danger: If your child is in immediate danger due to domestic violence, drug abuse, or criminal activity in the home, you may be eligible to petition for emergency custody. Parental abduction: If one parent takes the child without the other parent's consent, this may warrant an emergency custody order.
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.
If you are drafting a responsive declaration to the opposing party's allegations, tell the Court how they are incorrect. Use proof to validate your case. Any evidence that collaborates “why” you are asking the Court to fulfill your requests can be persuasive.
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.
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.
