Emergency Injunction Form For Child Custody In Santa Clara
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FAQ
How to ask for an emergency order Contact your court or Self-Help Center to get local rules. Fill out forms. Attach documents to support your request. Give the other person notice and serve request. Make copies of your forms. Submit your forms. Pick up the forms from the clerk.
Write a clear statement of purpose, specifying the reason for the affidavit. Present facts in chronological order with numbered paragraphs for easy reference. Facts should be precise and relevant to the affidavit's purpose. Include a statement of truth declaring that the contents are accurate under penalty of perjury.
Emergency injunctions are legal pleas for the court to take action to preserve the status quo while the legal process is underway. The idea is that unless the court intervenes, irreparable harm will be done.
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.
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.
The affidavit usually contains information about the parent-child relationship, the parent's capacity to meet the child's emotional and physical needs, the child's medical and educational background, and any other pertinent information that could aid the court in determining the child's custody.
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.
Collecting relevant details is crucial in drafting an affidavit. Include full names, dates, and specific events pertinent to the situation. Ensure these facts are clear, concise, and presented chronologically when possible. Verify the information, as inaccurate details could invalidate the affidavit's credibility.
In the first paragraph, state how you know the person and attest to their character. Second paragraph show how loving and caring they are with their child. Third paragraph show how bonded the child is to the parents and give examples.
