This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Navigating the intricate legal landscape of child custody can be a stressful part of any divorce. 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.
The emergency motion must show (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur.
In most cases, a petition will be filed with the court, and the other parent will have the opportunity to respond in court. To file for immediate physical custody of a child, one of the parents must believe there are grounds for the court to take immediate action to remove the child from the other parent's custody.
Legal Grounds for Filing an Emergency Custody Order Child Abuse or Neglect. Risk of Child Abduction. Other Immediate Harm or Danger to the Child.
To qualify as an "emergency," a motion must arise from an unforeseen circumstance that arises suddenly and unexpectedly and requires immediate action in order to avoid serious or irreparable harm to one or more of the parties.
The emergency motion must show (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur. See e.g. Hunter v. Hunter, 36 So. 3d 148 (Fla.
Take action today by contacting your local Court Clerk to put a stop to the fear and abuse. During normal working hours, a Petition for Injunction can be filed with the Clerk's Office.
(After hour filing emergencies include, but are not limited to: need to seal filings on the public docket, correction of critical filing errors, requests for law enforcement warrants, motions for seizure of property, etc.)