The pendulum has swung far in the last few years for ex-partes based on a child custody emergency in California, here are some essential tips for you to know:
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Courts used to have a liberal interpretation of what constituted an emergency, however with the rise of the Elkins task force and Family Code section 3064, the usefulness of an ex-parte is greatly diminished. Several key areas of relief remain – most of them focus on protecting victims of domestic violence, child abduction, and severe cases of child abuse or neglect. If any of these unfortunate situations arise, a parent must act quickly to seek immediate relief from the courts!