Q: Can i file an ex-parte in family law if other parent refuses to give childs passport for vacation right before trip?

A: Under California Family Law, if there is already a court order in place allowing both parents to travel with the child out of the country, and one parent is withholding the child's passport, you may be able to file an ex parte application to request the court's immediate intervention. Here's what you need to know:

1. Ex parte applications are for emergency situations that require the court's immediate attention. The imminent travel plans and the other parent's refusal to provide the passport despite a court order could constitute an emergency.

2. You will need to complete the necessary ex parte forms, which typically include a Request for Order (Form FL-300) and a Declaration (Form MC-030) explaining the emergency and why you need the court's immediate intervention.

3. You must provide notice to the other party (the other parent) about the ex parte hearing, unless doing so would frustrate the purpose of the hearing or result in immediate and irreparable harm to the child.

4. Be prepared to present evidence of the existing court order allowing both parents to travel with the child, proof of the planned trip, and any communication demonstrating the other parent's refusal to provide the passport.

5. If the court grants your ex parte request, it may issue an order requiring the other parent to immediately release the passport to you and/or impose sanctions for violating the existing court order.

It is highly recommended that you consult with a family law attorney experienced in handling ex parte applications and passport disputes to ensure you follow the proper procedures and present a strong case to the court. Time is of the essence in these situations, so it's crucial to act quickly and seek legal guidance promptly.