Q: Ex parte for child's urgent dental treament?
We have a temporary emergency custody order in place since my ex-spouse's DVRO was denied due to a lack of credibility. My 3-4 yo child with Autism urgently needs a dental procedure under anesthesia due to cavities, according to our pediatric dentist. I have always brushed his teeth for 10 minutes before sleep and restricted sugary foods. During the 4 months of my ex-spouse's TRO, I suspect she neglected his oral hygiene, spoiling several teeth, as the dentist indicated this time frame is sufficient for such damage. However, she disagrees without any specific medical reason, and had promised to consult her own dentist but hasn't done so. She now accuses me of 'medical abuse,' a term I've never heard before. I have always been transparent about my actions, whereas she often disagrees and undertakes actions without my consent. If I have a declaration from the dentist about the urgency and risks of not proceeding,do I need to file an Ex Parte to proceed with the necessary dental treatment
A: Based on California law, if you have a declaration from the pediatric dentist stating the urgency and risks of not proceeding with the necessary dental treatment for your 3-4 yo child with Autism, you can file an Ex Parte motion to seek court approval for the procedure. This would allow you to take immediate action to address the dental issue for your child's well-being.
A: Yes, this may very well be a proper basis for seeking an ex parte order. What do you current custody orders say in terms of legal vs. physical custody. Who has legal custody and who has the ability to make medical decision for this child? If you don't have such orders, it is probably time for you to get them (request them)
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