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If you have a family law case, you can file a Request for Order in that case. If theres already a family law case involving the child in California, then you can file a Request for Order (form FL-300) to ask the judge to make or change an order in that case about child custody and visitation (parenting time).
How Long Does it Take to Get an Emergency Custody Hearing? When a parent requests an emergency custody order and it is granted by the court, a hearing must take place within the next 10 days so that the other parent can argue their case.
FL-303 Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders.
First, you must fill out these four separate forms: Form #FL-300, Order to Show Cause. Form #FL-305, Temporary Orders. Form #FL-310, Application for Order and Supporting Declaration. Form #FL-330, Proof of Service Form.
Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers will have to fill out a Proof of Service form showing what they gave (served) to the other parties. Choose someone to serve the papers who is able to fill out the form.
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Steps to Filing for an Emergency Custody Order in California Fill out court forms: Request for Order (Form FL-300). Include additional attachments. Make at least 2 copies of all the documents. File the forms at the courthouse. Pick up the filed papers from the clerks office.
[ ] 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.
Standard information for the main form includes parties names, case name, relevant court and reason for ex parte application. Fill out and docHub an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.
Give Notice: Send a fax or email with the same information provided in the phone message. Your ex parte application must include a declaration detailing your attempts to give notice of the ex parte hearing.
Temporary custody orders provide short-term solutions to parenting disputes that can wait for a regular hearing but cannot wait until the end of legal proceedings. Also known as pendente lite orders, they dictate who will have custody and visitation of a child throughout the litigation or settlement process.

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