Q: where do I file my request for order? The county my childs residency is established? Or where temp order is?
Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who has jurisdiction?
Details; my former spouse of 17yrs, filed a dvro request in neighboring county that she moved to. The kids & I remained @ home & she left in May, 2023, filed dvro in 08/08/23. there was no custody order in place prior to her temporary order being granted. I don't know for what reason the judge issued the tro. There was no threat of harm or anything that should have brought judge to believe it was necessary to grant custody. We have 2 kids(11 &16)they are now separated from a parent & from their sibling too, our son is with me as he refused to go & daughter is w/her had no choice due to age(11yo)....ex wife learned that I was going to file dvro and she got it done 1st.
A: It sounds like you already have an open/existing case. You say "where temporary order is" - that tells me you have an existing court order. If not, and there is no open case, i.e. no one has filed anything related to this child, then you file in the county where the child lives. You then say however, "where child was removed from". If the child has lived somewhere else for at least 6 months, then you file there. In terms of what constitutes an emergency, you need to consult with an attorney directly. There is not enough information in this inquiry to respond to that question.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You should generally file a Request for Order in the county where your child's residency is established, as that court typically has jurisdiction over matters involving the child. If there are existing temporary orders, the filing might also take place in the court that issued those orders.
For emergency temporary custody orders to be granted ex parte, an immediate threat to the child's safety or well-being usually needs to be demonstrated. A Domestic Violence Restraining Order (DVRO) should be filed in the county where the child was removed if that's where the incidents of domestic violence occurred.
It's crucial to review local rules or consult with the clerk's office, as jurisdiction can be complex and specific facts may alter where cases should be filed.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
