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.
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.
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