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When can you file ex parte in California?

As discussed above, California Family Code Section 3064 makes it clear that the court is only permitted to issue an ex parte child custody order if there is the danger of immediate harm to the child or immediate risk that the child will be removed from the State of California.

What does it mean when a case is ex parte?

Ex parte is Latin for \u201cfor one party\u201d and is used in references to motions, hearings, orders, or cases where one party acts or applies to act in the absence of another.

What happens at an ex parte hearing?

This legal term means both parents are given advance warning of the date and time of the hearing and are both required to attend. An 'ex-parte' hearing is a without notice hearing. This means that one parent has applied to the court and had a hearing without telling the other parent.

How do I serve an ex parte notice in California?

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.