An Ex Parte is an emergency that needs the court's attention right away. The criteria used by the court is an imminent threat of physical harm to the children that requires immediate action by the court. For example, if you discover that the other parent is driving drunk with your children in the car or is planning to flee to Mexico with your children, an Ex Parte would be an appropriate request of the Court to make these immediate orders to protect the children. Examples of events that do not merit an Ex Parte are: 1) Who gets Christmas this year or 2) the other parent is chronically late the scheduled exchange time. Ex Parte notice must be given to the other party by 10:00am the day prior to the requested court date. The party giving notice must provide the date, time and relief requested so that the other party can make arrangements and prepare a response to your request. Notice does not have to be given if the giving of notice will place the other parent in harms way. If you have an emergency involving your children or the other parent has provided you with Ex Parte notice, contact Covina attorney, Paul Eads today.
