Q: Can I Ask Court Same Day Order With FL-305 /FL-341(B) In California Family Law?
My foreign wife took 3yo disabled child away from me without consent or any court order on 02/16 and i have not reached them since. I don't know whereabouts. I reported missing to Police and they gave me the business card with case number on 02/17. They kindly advised me to bring the card for temporary emergency custody order to have border agents ban international abduction. I am afraid she has brought child to her country or soon. I'm done filling the simple forms FL-305 and FL-341(b) over weekend and will file Tuesday early morning. Can I ask the court order the same day under urgency? otherwise, in your experience, how many days do I have to wait for the court emergency temporary order? Thank you!
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A:
In California family law, if you file an ex parte application for a temporary emergency custody order, the court may issue an order the same day if it finds that there is an immediate risk of harm to the child. However, the court will typically require that you provide evidence supporting your request, such as police reports or medical records, to establish that an emergency exists. The court may also schedule a hearing within a few days to review your request and provide the other party an opportunity to respond. The timeline for obtaining an emergency temporary custody order will depend on the specific circumstances of your case and the court's calendar.
Some relevant California statutes related to emergency custody orders and child abduction include:
California Family Code Section 3064: Allows a parent or legal guardian to seek an ex parte emergency order for temporary custody of a child if there is an immediate risk of harm to the child's health, safety, or welfare.
California Family Code Section 3044: Establishes a rebuttable presumption that it is not in the best interest of a child to be placed in the custody of a parent who has been found to have committed domestic violence against the other parent or the child.
California Penal Code Section 278.5: Defines child abduction as taking, enticing away, keeping, withholding, or concealing a child from their legal guardian or parent with the intent to detain or conceal the child from that parent or guardian.
California Penal Code Section 278.7: Provides for the issuance of an emergency protective order in cases of child abduction, which may include orders prohibiting removal of the child from the state, ordering the return of the child to the custodial parent or guardian, and ordering law enforcement to take any necessary actions to locate and secure the child.
Some relevant California forms related to child custody and visitation include:
FL-300: Request for Order
FL-305: Temporary Emergency (Ex Parte) Orders
FL-310: Responsive Declaration to Request for Order
FL-311: Child Custody and Visitation Application Attachment
FL-312: Child Custody Evaluation
FL-320: Responsive Declaration to Request for Order
These forms can be found on the California Courts website or obtained from the court clerk's office. It is important to note that forms may vary depending on the specific circumstances of the case.
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