Motion For Temporary Orders Sample Without Oral Hearing In Contra Costa
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Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child's other parent may not be in attendance to present their side.
A summary judgment means the court believes there's no dispute worth resolving. However, this isn't always true. To avoid a summary judgment, it's essential to file a counter-motion with a supporting memorandum. If that step isn't taken, the judge may grant the motion.
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).
Under Code of Civil Procedure § 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (Code Civ.
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.
A moving party will now be required to file their motion and accompanying documents 81 days, rather than 75 days, before the hearing, opposition will be due 20 days before the hearing rather than 14, and the reply brief must be filed 11 days before the hearing rather than just 5 days.
(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial.
If involving an attorney is not desirable or affordable, one can file their own petition for temporary custody with the clerk of court. There is usually a self-help desk at the Clerk of Court, or you can find the forms online.
