Custody and visitation orders are complex legal procedures in California, and many parents can become frustrated at how long it can take for the process to move forward. That said, there are instances where the courts will not hesitate to implement emergency custody or visitation orders, especially when the safety and well-being of a child are at risk.

This post explores some of the reasons that justify an emergency custody or visitation order in California. Remember that the specifics for each case can vary, and we always suggest that you reach out to a qualified legal professional when seeking insight into your particular situation.

Refusal to Provide Emergency Medical Treatment

We have seen instances where parents refuse to provide consent for their child to undergo critical medical treatment, including surgeries. In these cases, the other parent can make his/her case to a family law court and request an ex parte order where a judge can allow for a medical treatment to proceed without the consent of the other party.

Threats to Leave the State or Alienate the Child from the Other Parent  

This is a more common scenario. When a parent threatens to leave the state with a minor child, or plans to keep the child away via other means, the threatened parent can choose to pursue an ex parte order. This type of emergency order will prevent the other party from leaving the area and can help ensure that neither parent is unfairly alienated from their children.

Child Abuse and Molestation Charges

Claims of child abuse and molestation are taken very seriously by family law courts, and a parent who is accused of engaging in either act can find him or herself at the receiving end of an ex parte emergency child custody order. The other parent can request an immediate temporary change to visitation or custody arrangements while the allegations are investigated. This order is separate from a child abuse claim, which the other parent can also proceed to file against the offending party.

Talk to a Qualified Child Custody Attorney in California

If you are struggling with an uncooperative ex-spouse, or are dealing with any other type of family law matter in California, remember that we at the White Oak Law can help. Call us today to schedule a initial consultation with one of our legal experts.