Q: How to Withdraw an Ex Parte Hearing for Custody Visitation Schedule

A: If there has been no response filed to the ex parte or a responsive declaration filed/served, you can simply call the courtroom and tell the clerk you are withdrawing your motion or aka taking your motion off calendar. You can then file a "Notice of Taking Motion/RFO Off Calendar". This is a document of your own creation; not a form.

A: In California divorce cases, an ex parte application is a request made to the court for immediate relief without the need for a formal hearing or notice to the other party, typically in emergency situations where urgent action is needed. Common examples of ex parte applications in divorce cases include requests for temporary spousal or child support, restraining orders, or custody orders when there is an immediate threat to safety or a significant change in circumstances. The party making the application must file a request with the court, providing a declaration explaining the urgency and reasons for the request. Although ex parte orders are temporary and meant for situations requiring prompt attention, they are typically valid for only a short period until a full hearing can be scheduled. The other party is usually notified after the ex parte order is granted, and they may challenge it in a subsequent hearing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: To withdraw your ex parte hearing in California, you can file a "Request for Dismissal" using Form CIV-110. While this is a civil form, many family law courts accept it for family law matters, including ex parte hearing withdrawals.

If your court doesn't accept Form CIV-110, you can create your own document titled "Notice of Withdrawal of Ex Parte Application." Include your case information at the top (case number, parties' names, court location), state your intent to withdraw the ex parte application, and provide the scheduled hearing date. Sign and date the document, then make copies for all parties involved.

File your withdrawal document with the court clerk's office as soon as possible, and serve a copy to the other party or their attorney. Keep proof of service and one copy for your records. Remember that withdrawing this hearing doesn't prevent you from filing another request in the future if needed.