How Do You Get a California Emergency Custody Order? In our previous post, When Can You Get a California Emergency Custody Order?, we discussed the circumstances that may justify emergency court intervention. This post turns to the next question: what does a parent actually need to do to request an emergency custody order? A parent generally must have or start a family-law case, file the correct forms, provide specific facts and supporting evidence, comply with notice requirements, and explain why the issue cannot wait for a regular hearing.
The emergency custody process recently received public attention when Dancing with the Stars professional Gleb Savchenko sought temporary sole custody of his 15-year-old daughter. According to news reports on Gleb Savchenko’s emergency custody filing, Savchenko alleged that his former wife, Elena Samodanova, had kept their daughters in Hong Kong beyond what he understood to be a temporary arrangement. Samodanova disputes his claims, maintains that Hong Kong is the child’s permanent home, and challenges California’s jurisdiction.
The court will decide the facts and legal issues in that case. However, the dispute illustrates why emergency custody applications can involve several questions at once, including where the child lives, which court has jurisdiction, what existing orders provide, and whether there is a genuine need for immediate relief.
Start or Use an Existing Family-Law Case
A parent requests emergency custody orders within a family-law case. That case might involve:
- Divorce
- Legal separation
- Parentage
- Domestic violence
- An existing child custody dispute
A parent who does not already have an open case may need to start one before asking for emergency relief. The California Courts Self-Help Guide to emergency ex parte orders explains that the emergency request is filed using the existing family-law case number.
Jurisdiction can be especially complicated when:
- A child has recently moved to or from California
- The parents live in different states
- The child has lived outside California
- The child is currently in another country
- Another state or country has already issued custody orders
A California court must have authority to make the requested custody order.
Prepare the Required Forms
The forms required may vary depending on the case and the local court, but commonly include:
- Request for Order, Form FL-300, which identifies the orders being requested
- Temporary Emergency Orders, Form FL-305, which contains the proposed temporary orders
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, Form FL-105, which provides the child’s residence and custody history
- Declaration Regarding Notice and Service, Form FL-303, which explains what notice was provided
Some courts also require local forms or additional copies. Parents should review the requirements of the particular superior court where the case is pending.
How Do You Get a California Emergency Custody Order?
The written declaration is one of the most important parts of the application. As discussed in our previous post about when a California emergency custody order may be available, the court generally needs more than a parent’s belief that the situation is urgent. The requesting parent should provide specific facts showing why immediate action is necessary.
The declaration should explain:
- What happened
- When it happened
- Where it occurred
- Who was involved
- How the parent knows the information
- Whether similar incidents have happened before
- What harm is likely to occur
- Why the matter cannot wait for a normal hearing
- What specific temporary orders are requested
Supporting documents may also help establish why immediate court intervention is necessary. Depending on the circumstances, those documents might include:
- Police or incident reports
- Medical or counseling records
- Travel itineraries or airline reservations
- School or childcare records
- Emails or text messages
- Photographs
- Existing custody orders
- Witness declarations
The goal is to give the judge enough specific information to understand both the nature of the alleged emergency and why waiting for a regularly scheduled hearing could put the child at risk.
Give Notice to the Other Parent
Emergency applications usually require advance notice to the other parent or that parent’s attorney. The notice period is shorter than it would be for an ordinary Request for Order, but the requesting parent generally must state when and how notice was provided.
The notice may need to identify:
- The date and time the emergency request will be presented
- The court where the request will be made
- The nature of the orders being requested
- How the other parent can respond or appear
There are limited circumstances in which a court may excuse notice. For example, notice may be waived when providing it could create an immediate danger, lead to the child being removed, or frustrate the purpose of the requested order. The governing requirements are described in California Rule of Court 5.151 governing temporary emergency orders, along with related rules concerning notice and service.
What Happens After the Request Is Filed?
The judge may review the written application without conducting a full evidentiary hearing. Depending on the circumstances, the court may:
- Grant all of the requested emergency orders
- Grant only some of the requested orders
- Modify the proposed orders
- Deny the emergency request
- Set the matter for a prompt hearing
- Request additional information or documentation
If temporary emergency orders are issued, the requesting parent must arrange for the other parent to be properly served. The order generally remains temporary until the scheduled hearing unless the court extends or replaces it.
What Happens at the Later Hearing?
At the noticed hearing, both parents can present their positions. Depending on the evidence and circumstances, the judge may:
- Continue the emergency orders
- Modify the temporary custody arrangement
- Terminate the emergency orders
- Establish or modify visitation
- Impose conditions intended to protect the child
- Make other temporary custody and visitation orders
Because the procedure moves quickly, incomplete forms, weak declarations, notice problems, or filing in the wrong court can delay or undermine an otherwise serious request.
If you are facing an urgent child custody situation, you do not have to navigate the emergency court process alone. The Law Offices of David W. Knecht represents California parents in child custody and other family law matters. Call 707-451-4502 to schedule a consultation and discuss the legal options available for protecting your child and your parental rights.
