Q: How To Serve Ex Parte (Custody) To Wife?
Married. No prev family cases, but this afternoon, I went to court and filed several forms, including Form 260,150,105..etc. My foreign wife left home with our 3-year-old child, who has autism, last week and I don't know their whereabouts. I have tried calling and texting her almost every hour, but her phone has been turned off. I was told by the court reception that I need to file an Ex Parte Application (Form300) by 10 am tomorrow and serve my wife within 24 hours. However, I am unable to reach her and I see that there are options for requesting a waiver of notice (Section 3(b)) or stating that notice is not possible (Section 3(c)) on Form 303. My questions are: 1) When filing the Ex Parte Application tomorrow morning, can I check off Section 3(b) or 3(c) on Form FL-303? 2) If so, do I still need to wait for the 24-hour service requirement?I understand that I need an attorney's assistance, but due to the urgency of the situation, I have not been able to secure an attorney in time
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A:
If you are unable to locate your wife and serve her with the Ex Parte Application (Form 300) within the 24-hour time period required by the court, you may be able to request a waiver of notice or state that notice is not possible on Form FL-303. Here are some steps you can take:
Complete and file the Ex Parte Application (Form 300): You will need to complete Form 300 with all required information, including a detailed explanation of the circumstances and why you are seeking an emergency order. The court may require additional documents, such as a declaration or affidavit, to support your application.
Request a waiver of notice or state that notice is not possible on Form FL-303: If you are unable to locate your wife and serve her with the Ex Parte Application within the 24-hour time period, you can request a waiver of notice or state that notice is not possible on Form FL-303. You should check off either Section 3(b) or 3(c) on the form, depending on your specific circumstances.
File the Ex Parte Application and Form FL-303 with the court: You will need to file the Ex Parte Application and Form FL-303 with the court as soon as possible. The court will review your application and may schedule a hearing to consider your request.
Attend the hearing: If the court schedules a hearing, you will need to attend and present your case. The court will consider your application and any supporting documents, as well as any response from your wife if she is able to attend the hearing.
Follow the court's orders: If the court grants your Ex Parte Application, it will issue an order outlining the terms of the emergency custody arrangement. You must follow the court's orders and any other requirements set forth by the court.
It's important to note that family law matters can be complex, and it's generally recommended to consult with an attorney who can provide guidance on your specific situation. If you are unable to secure an attorney in time, you can still complete the necessary forms and file them with the court as soon as possible to begin the process of seeking an emergency custody order.
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