Emergency Child Custody Orders in San Diego
When you’re going through a divorce in San Diego, there are many types of court orders pertaining to child custody. Some may be permanent or for an extended period of time, while others are temporary.
And then there are emergency orders, which one parent requires immediately.
Emergency orders are orders that one parent seeks from the court without notifying or getting permission from the other parent. These are usually in the form of ex parte orders, and they are not necessary in most divorce or child custody cases. Emergency orders are only applicable in emergency situations. These include suspected cases of:
- Child abuse
- Substance abuse
But the child does not always have to be in harm’s way for an emergency order to be granted.
There may be other situations when an emergency order is required by one parent. The other parent could be threatening to move out of state with the child, or threaten that the child is going to live with another relative more partial to him or her. Whatever the reason, if one parent feels as though the other is acting unfairly or placing the child in harm’s way, he or she can apply for an emergency custody order.
But there are also times when emergency custody orders should not be requested. These requests can have an impact on the final child custody order, and if an emergency order was requested unnecessarily, a judge may be less likely to grant that parent final custody.
Ex parte orders can deal with issues other than child custody, as well. Spouses and ex-spouses can request them to prevent one another from selling or transfer assets, such as funds in bank accounts or houses. A person can also request an ex parte order to freeze a bank account, or to ask the other spouse to take immediate action on an issue, such as giving up tax information or repaying a debt.
Ex parte orders are not final. They are temporary court orders demanding that one spouse do something or not do something, whatever the situation calls for. These orders are typically valid for about three weeks, until the court can arrange a date for a formal hearing where both parties will be present.
But ex parte orders are also different from other types of temporary orders. This is because with temporary orders, both parties are typically in court and agree to the order before it becomes effective. This is not the case with ex parte orders, as only one spouse or parent needs to request the order; and if a judge deems it necessary, he or she can put the order in place without the other parent ever being notified of the change.
If you believe that you are in a situation that requires an ex parte order, call Huguenor Mattis, A.P.C. at (858) 458-9500. With a proven track record of over 35 years in family law, we can help you decide whether or not an ex parte order is necessary, or if another course of action is the best bet. This is a difficult time, and you don’t have to face it alone.