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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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In a custody hearing: Can ex parte orders be appealed when

Customer Question

In a custody hearing: Can ex parte orders be appealed when the ex parte order was rendered with no underlying action? Effectively, the ex parte order is for an indefinite period of time because there is no underlying custody issue/ future court date.Should it be a petition for writ of relief or a full blown appeal?
Submitted: 21 days ago.
Category: Family Law
Expert:  LegalGems replied 21 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 21 days ago.

Thank you for your patience.

Basically the ex parte hearing is to only decide temporary issues; not all issues regarding custody. Traditionally the court will set a future hearing to determine permanent custody, but sometimes based on oversight, they fail to do so. In that case, the parent can file a motion for child custody and visitation, requesting the permanent schedule they are interested in, along with a declaration supporting their request.

This requires forms FL 300 and FL 310

http://www.courts.ca.gov/documents/fl301.pdf
http://www.courts.ca.gov/documents/fl300info.pdf
http://www.courts.ca.gov/partners/documents/FL_300_301_310_311_312_341_MC030.pdf

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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Expert:  LegalGems replied 18 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!