This form requests the court for orders aimed at preventing a child abduction by another parent.
San Jose California Request for Child Abduction Prevention Orders
State:
California
City:
San Jose
Control #:
CA-FL-312
Format:
PDF
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Description
How to fill out California Request For Child Abduction Prevention Orders?
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FAQ
In this case, a parent who takes themselves and the child out of danger must notify the district attorney's Child Abduction Unit within 10 days, and file the required documentation with the superior court clerk within a reasonable time.
Ex Parte (or Emergency Notice) must be given to the other party by telephone notifying them of the time, date, place and what orders that you are asking the court for. This Notice usually must be given by 10 AM the COURT DAY before you go to the hearing.
A Responsive Declaration to the Request for Order must be filed and served with any supporting documents within 9 Calendar days of the hearing.
Tips to Prevent an Abduction from Occurring Take action if you think the other parent has taken your child. Get a court order or custody decree: A clear court order may be the most important preventative measure. For example, court orders may include provisions addressing passports, travel restrictions, or custody.
To request orders from the Court such as child custody and visitation, child support, or spousal support, you or the other parent must request an order from the court by filing a Request for Order. The Request for Order forms are used to schedule a court hearing date to obtain court orders in a family law case.
(a) Order shortening time The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.
Getting Your Ex Parte Matter in Front of a Judge First, file the original documents with the court clerk. They will give you a date and time for the hearing. Next, you will need to serve the filed copies on the opposing party or their attorney.
Your documents must be served within 120 days after you file the complaint. If the other parent is not served within 120 days, your complaint will be dismissed and you will have to start all over. If you cannot get the other parent served within 120 days, you can ask the Court to extend the time for service.
To reach a final decision the proceedings can take around 26 weeks, sometimes longer (with the agreement of the presiding Judge).
EX PARTE APPLICATIONS WHICH INVOLVE DOMESTIC VIOLENCE Notice must be given by t elephone or in writing to the self-represented party or to the op posing attorney so that it is received not later than four (4) hours before the time the ex parte matter will be presented to the judicial officer.