When Can You Get a California Emergency Custody Order? Generally, emergency relief may be available when a child faces immediate harm or an immediate risk of being removed from the state. A recent custody dispute involving Dancing with the Stars professional Gleb Savchenko illustrates the type of urgent and complicated circumstances that can lead a parent to seek emergency relief.
According to People’s coverage of Gleb Savchenko’s emergency custody request, Savchenko requested temporary sole legal and physical custody of his 15-year-old daughter. He alleged that his former wife, Elena Samodanova, had kept their daughters in Hong Kong beyond what he understood to be a temporary relocation. He also expressed concern that returning their older daughter to Hong Kong could result in international wrongful retention or abduction. Samodanova disputes his allegations, maintains that Hong Kong is the child’s permanent home, and challenges California’s jurisdiction.
The court will determine the facts and legal issues in that case. Nevertheless, the dispute highlights an important question for California parents: what circumstances are serious enough to justify immediate court intervention?
What Is an Emergency Custody Order?
An emergency custody order is a temporary order issued on an expedited basis before the court can hold a regularly scheduled hearing. These requests are sometimes called ex parte requests because the judge may initially consider the requesting parent’s application without conducting a full hearing involving both parties.
Emergency orders are not intended to resolve ordinary parenting disagreements or give one parent an advantage in a custody dispute. They are reserved for situations in which waiting for a regular hearing could expose a child to immediate danger or allow the child to be taken from California.
The California Courts Self-Help Guide to emergency ex parte orders explains that an emergency may involve irreparable harm, an immediate risk that a child will be taken from California, or loss or damage to property.
When Can You Get a California Emergency Custody Order?
Under California Family Code section 3064, a court generally must refrain from granting or modifying custody on an ex parte basis unless there is a showing of:
- Immediate harm to the child
- An immediate risk that the child will be removed from California
Immediate harm can include recent acts of domestic violence, an ongoing pattern of domestic violence, or recent or continuing sexual abuse of the child. Courts may also consider a parent’s illegal access to firearms and ammunition when evaluating whether a child is in immediate danger.
Other circumstances that may support an emergency request include:
- Credible threats to harm the child
- Serious physical abuse or neglect
- Dangerous substance use that impairs a parent’s ability to care for the child
- Plans to take the child out of California without authorization
- A genuine risk of international child abduction or wrongful retention
- An urgent situation in which waiting for a normal hearing could cause irreparable harm
A parent’s fear or suspicion alone may not be enough. The court generally needs specific facts showing why immediate action is necessary.
What Evidence Can Support the Request?
California courts instruct parents to provide facts rather than conclusions or opinions. A declaration should explain what occurred, when it occurred, how the parent knows about it, and what immediate harm is likely to happen without a court order.
Helpful supporting materials may include:
- Police or incident reports
- Medical or counseling records
- Text messages, emails, or voicemails
- Travel plans or airline reservations
- School or childcare records
- Photographs
- Existing custody orders
- Signed witness declarations
The requirements for family-law emergency applications are set out in California Rule of Court 5.151 governing temporary emergency orders. Local courts may impose additional procedural requirements.
Emergency Orders Are Temporary
An emergency order does not necessarily determine permanent custody. If emergency relief is granted, the court will ordinarily schedule a hearing at which both parents can present evidence and arguments. The judge may then continue, modify, or terminate the temporary order.
The Law Office of David Knecht represents California parents in child custody matters, including cases involving urgent requests for court intervention. Contact our office at (707) 451-4502 to discuss your circumstances and the legal options that may be available.
