California Emergency Custody Orders

Q: What does California call an emergency custody request?

California calls it an application for emergency orders, also known as an ex parte application. The rules are in the California Rules of Court, starting at rule 5.151, together with Family Code section 3064 for custody orders.

Q: What must I show a California court to get an ex parte custody order?

Family Code section 3064(a) says the court shall refrain from making an ex parte custody order unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California. The court decides whether you have made that showing, and no result is guaranteed.

Q: What counts as immediate harm in California?

Under Family Code section 3064(b), immediate harm includes recent or continuing-pattern domestic violence by a parent and sexual abuse of the child. Your declaration must describe the most recent incidents in detail, with dates (rule 5.151(d)(5)).

Q: Do I have to tell the other parent before asking for emergency orders in California?

Generally yes. Rule 5.165(b) requires notice to all parties or their attorneys so that it is received no later than 10:00 a.m. on the court day before the matter is to be considered. Later notice needs a declaration showing exceptional circumstances, and notice can be waived only on a declaration under penalty of perjury showing good cause.

Q: When can notice be waived in California?

Only on a declaration under penalty of perjury showing good cause, for example that notice would frustrate the purpose of the order, cause immediate and irreparable harm to the applicant or children, or that good-faith efforts to notify were futile. The court decides whether the reason is enough. The notice rule does not apply to Domestic Violence Prevention Act applications.

Q: Which California forms are required for an emergency custody request?

The required set includes FL-300 Request for Order, FL-305 Temporary Emergency (Ex Parte) Orders, and FL-303 Declaration Regarding Notice and Service (or a local form or equivalent declaration). File FL-105 UCCJEA Declaration if it is not already on file or the information changed. FL-150, FL-155 or FL-160 may be needed when relevant to the relief you ask for.

Q: Can a California court make emergency custody orders if the child is only visiting from another state?

Family Code section 3424 gives a California court temporary emergency jurisdiction if the child is present in California and has been abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. Whether it applies to your facts is for the court.

Q: What must I tell the court about earlier requests in California?

Rule 5.151(d)(3)-(4) requires you to disclose prior applications and any change in the status quo. Leaving them out can carry consequences, including fees.

Q: How long does a California emergency custody order last and when is the full hearing?

Ask the court clerk what hearing date applies to your case. If the court makes temporary emergency orders, follow any end date and hearing date the court sets in them.

Q: Should I hold my child back from the other parent while I wait for a California court to act?

No. Do not keep the child from the other parent unless a court order allows it. If the child is in immediate danger, call 911, and ask the court for the specific temporary orders you need.

Requires a showing of immediate harm to the child or immediate risk of removal from California.

Find out where you stand in California

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Introduction

Emergency orders use ex parte applications (rule 5.151). Custody orders need immediate harm or immediate risk of removal from California (Fam. Code 3064). Notice must be received by 10 a.m. the court day before; late notice or waiver needs a declaration.

Key Things to Know

1
If your child is in immediate danger, call 911 now. A court filing takes time and does not replace emergency help.
2
California calls the request an application for emergency orders, also known as an ex parte application, governed by Cal. Rules of Court, rule 5.151 together with Fam. Code section 3064.
3
Standard: the court shall refrain from making a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California (Fam. Code 3064(a)). Immediate harm includes recent or continuing-pattern domestic violence by a parent and sexual abuse of the child (3064(b)). The court decides whether the standard is met.
4
Facts must come in declarations based on personal knowledge, with an affirmative factual showing of irreparable harm, immediate danger, or another statutory basis, and a detailed description with dates of the most recent incidents (rule 5.151(d)(2), (d)(5)).
5
Notice: you must give notice to all parties or their attorneys so that it is received no later than 10:00 a.m. on the court day before the matter is to be considered (rule 5.165(b)). Later notice needs a declaration showing exceptional circumstances. Notice may be waived only by a declaration under penalty of perjury showing good cause, such as that notice would frustrate the purpose of the order, cause immediate and irreparable harm to the applicant or children, or that good-faith efforts to notify were futile. Then serve the papers (rule 5.167).
6
Official forms are required: FL-300 Request for Order, FL-305 Temporary Emergency (Ex Parte) Orders, FL-303 notice and service declaration (or a local form or equivalent declaration), and FL-105 UCCJEA Declaration if not already filed or the information changed. You must also disclose prior applications and any change in the status quo (rule 5.151(d)(3)-(4)). The court may rule on the papers or require an appearance (rule 5.169).
7
Abuse by a parent: the Domestic Violence Prevention Act (Fam. Code 6200 et seq.) is a separate route, and rules 5.151, 5.165 and 5.167 do not apply to those applications; also contact child protective services. For non-emergency changes, see the DocDraft modifying child custody guide.

Key decisions before you file

Before you file a Emergency Custody Motion in California, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

Open the Emergency Custody Motion guide

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OFFICIAL FORMS MUST BE FILED. California requires the Judicial Council forms listed below; this worksheet only helps you prepare the facts for them.

FORMS TO FILE: FL-300 Request for Order; FL-305 Temporary Emergency (Ex Parte) Orders; FL-303 Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (or local form or equivalent declaration); FL-105 UCCJEA Declaration (if not already filed or the information changed); FL-150 Income and Expense Declaration or FL-155, and FL-160 Property Declaration (when relevant to the relief requested).

COURT NAME AND COUNTY Case No. CASE NUMBER PARENT FULL NAME, Petitioner/Respondent, v. OTHER PARENT FULL NAME, Respondent/Petitioner. EX PARTE APPLICATION FOR TEMPORARY EMERGENCY CUSTODY ORDERS AND DECLARATION OF PARENT FULL NAME

THE CHILD: CHILD FULL NAME, born DATE OF BIRTH, currently living at CITY AND COUNTY, CALIFORNIA, with PERSON.
EXISTING ORDERS AND CASES: Custody order dated DATE in CASE NUMBER, COURT. Other cases, including domestic violence or child welfare cases: CASE NUMBERS AND COURTS, OR NONE.
PRIOR APPLICATIONS AND CHANGE IN STATUS QUO: Prior requests for emergency orders in this case: DESCRIBE OR NONE. Any change in the status quo: DESCRIBE OR NONE.
BASIS FOR EMERGENCY (check all that apply): [ ] Immediate harm to the child, including [ ] recent or continuing pattern of domestic violence by a parent or [ ] sexual abuse of the child [ ] Immediate risk the child will be removed from California
FACTS (personal knowledge only): On DATE OF MOST RECENT INCIDENT, I personally saw or experienced DETAILED DESCRIPTION. Earlier incidents with dates: DATES AND DESCRIPTIONS. These facts show immediate danger because REASON.
TEMPORARY ORDERS REQUESTED (select the alternatives that apply): [ ] A. Temporary sole physical custody to PARENT NAME until the hearing. [ ] B. Temporary supervised visits for OTHER PARENT NAME, supervised by SUPERVISOR, at LOCATION. [ ] C. The child shall not be removed from the State of California without a court order. [ ] D. OTHER SPECIFIC ORDER REQUESTED
NOTICE (select the alternative that applies): [ ] A. On DATE at TIME, I gave notice of this application to OTHER PARENT OR ATTORNEY by METHOD, so that it was received no later than 10:00 a.m. on the court day before the matter is to be considered. [ ] B. Notice was given later than that time because of these exceptional circumstances: EXCEPTIONAL CIRCUMSTANCES. [ ] C. I ask that notice be waived for good cause because [ ] notice would frustrate the purpose of the order [ ] notice would cause immediate and irreparable harm to me or the children [ ] good-faith efforts to notify were futile. Facts and efforts made: FACTS AND EFFORTS.
TEMPORARY EMERGENCY JURISDICTION, Fam. Code section 3424 (check if applicable): [ ] The child is present in California and [ ] has been abandoned, or [ ] emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse: EMERGENCY REASON.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: DATE SIGNATURE PARENT FULL NAME

CERTIFICATE OF SERVICE I, SERVER FULL NAME, served the papers on OTHER PARENT OR ATTORNEY at ADDRESS OR EMAIL by METHOD on DATE. SIGNATURE OF SERVER

California Requirements for Emergency Custody Motion

California emergency order authority
Applications for emergency orders, also known as ex parte applications, are governed by Cal. Rules of Court, rule 5.151 and, for custody, Fam. Code section 3064.
Immediate harm or removal risk
The court shall refrain from an ex parte custody order unless there is a showing of immediate harm to the child or immediate risk the child will be removed from California (Fam. Code 3064(a)).
Sworn declaration on personal knowledge
Declarations must state facts on personal knowledge showing irreparable harm, immediate danger or another statutory basis, with a detailed description and dates of the most recent incidents (rule 5.151(d)(2), (d)(5)).
Notice by 10:00 a.m. court day before
Notice must be received by all parties or their attorneys no later than 10:00 a.m. on the court day before the matter is considered (rule 5.165(b)); then serve the papers (rule 5.167).
Late notice or waiver of notice
Later notice needs a declaration showing exceptional circumstances. Waiver needs a declaration under penalty of perjury showing good cause. Rule 5.165 does not apply to Domestic Violence Prevention Act applications.
Required official forms
File FL-300, FL-305 and FL-303 (or a local form or equivalent declaration), plus FL-105 if not already filed or changed; FL-150, FL-155 or FL-160 when relevant to the relief.
Disclose prior applications
The applicant must disclose prior applications and any change in the status quo (rule 5.151(d)(3)-(4)); the court may rule on the papers or require an appearance (rule 5.169).
UCCJEA temporary emergency jurisdiction
A California court has temporary emergency jurisdiction if the child is present in California and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse (Fam. Code 3424).

Frequently Asked Questions

What does California call an emergency custody request?

What must I show a California court to get an ex parte custody order?

What counts as immediate harm in California?

Do I have to tell the other parent before asking for emergency orders in California?

When can notice be waived in California?

Which California forms are required for an emergency custody request?

Can a California court make emergency custody orders if the child is only visiting from another state?

What must I tell the court about earlier requests in California?

How long does a California emergency custody order last and when is the full hearing?

Should I hold my child back from the other parent while I wait for a California court to act?

Find out where you stand in California

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

California Requirements for Emergency Custody Motion

California emergency order authority

Immediate harm or removal risk

Sworn declaration on personal knowledge

Notice by 10:00 a.m. court day before

Late notice or waiver of notice

Required official forms

Disclose prior applications

UCCJEA temporary emergency jurisdiction

Frequently Asked Questions