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Why is an ex parte form and how do I file one?

Los Angeles, CA |

My ex girlfriend has been withholding my son from me and denying me my court ordered visitation with him. I filed a motion to hold her in contempt and that court date is set for March 19th. However, she's still withholding my son from me AND tried to made a false police report saying I was making harassing phone calls to her when in fact I only called her 3 times during my scheduled visitation hours and her cell phone was turned off. She is out of control unstable and I need a court date sooner than March 19th. How can I make this happen? I appreciate any help, thank you.

Attorney Answers 2

Posted

California has a number of forms to assist you in seeking order. The ex parte request would be the FL-300 (Order to Show Cause cover form) the FL-205 (Temporary orders - they're not called "ex parte" orders) and the FL-310 (Application pages). You will also have to provide your declaration giving the facts about what has been going on and why you need the ex parte/temporary orders.

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Posted

You can request immediate orders for contact, but even the most capable of experienced family law practitioners would not likely be successful unless able to make a compelling showing of immediate and irreparable harm to your child. What you need to be considering is whether finding her in contempt will solve the underlying problem, which is that she will apparently do anything to interfere with your relationship with your child and avoid sharing the child with you. For that assessment, nothing short of the advice of a local experienced family law practitioner will meet your needs.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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3 comments

Asker

Posted

My ex's father lives in Lousiana and her mother recently moved back to Guatemala with her older sister. Can I include those reasons in an ex parte form for why I need an emergency hearing?

Asker

Posted

My ex's father lives in Lousiana and her mother recently moved back to Guatemala with her older sister. Can I include those reasons in an ex parte form for why I need an emergency hearing?

Asker

Posted

My ex's father lives in Lousiana and her mother recently moved back to Guatemala with her older sister. Can I include those reasons in an ex parte form for why I need an emergency hearing?

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