Ex Parte Orders in California Family Law — What They Are and How They Work

Ex parte proceedings are emergency court proceedings conducted with notice to only one party — or in some circumstances, with no prior notice at all. In California family law, ex parte applications are used when a genuine emergency requires immediate court intervention that cannot wait for the standard notice and hearing schedule. Understanding what ex parte means, when it is appropriate, and what to expect at an ex parte hearing is essential for anyone navigating a family law emergency.

What Does Ex Parte Mean?

Ex parte is a Latin phrase meaning "from one party" or "on behalf of one party." What does ex parte mean in family court? It means that one party has asked the court to act — issuing an order or scheduling a hearing — without the full notice and waiting period that normally applies. The word exparte (sometimes written as one word) describes the same proceeding. An ex parte order is an order issued by a court after hearing from only one side. In California family court, an ex parte application is appropriate only when there is a genuine emergency — when waiting the standard 16 to 30 days for a noticed hearing would result in irreparable harm.

When Are Ex Parte Orders Appropriate in Family Law?

Ex parte orders in family law — when are they appropriate? California Rules of Court Rule 5.151 governs ex parte applications in family law proceedings. An ex parte order is appropriate when: a child faces immediate danger or is at risk of being removed from California without court permission; a party faces immediate financial harm from the other party's actions — such as dissipation of marital assets or cancellation of health insurance; there is an immediate threat of domestic violence; or the circumstances are so urgent that waiting for a noticed hearing would cause irreparable harm. Courts scrutinize ex parte applications carefully because they are inherently one-sided. Abuse of the ex parte process — filing emergency applications for situations that are not genuine emergencies — is taken seriously and can result in sanctions.

Common Ex Parte Applications in Family Law

Ex parte order requests arise in several recurring family law situations. An emergency petition for custody — the most common type of ex parte application — asks the court to issue a temporary custody order when a child is in immediate danger or has been taken by the other parent in violation of an existing order. An ex parte order for custody may also be sought when a parent is about to relocate out of California with the children without court permission. What is an ex parte order for custody? It is a temporary order that controls where the child resides and who has parenting time, issued without full hearing, that remains in effect until the court can hold a properly noticed hearing with both parties present.

An emergency ex parte order of custody differs from an ex parte child custody california order in degree of urgency — an emergency ex parte order typically involves immediate physical danger to the child, while a standard ex parte custody order may address a less acute but still urgent situation. An ex parte for custody is temporary by definition. The court will schedule a hearing at which both parents can appear and present their full cases, and at that hearing the court will either continue, modify, or terminate the ex parte orders.

What Is an Ex Parte Motion?

What is an ex parte motion? It is the written application filed with the court that asks for emergency relief. In California family court, an ex parte motion for emergency custody relief must include a declaration stating the specific facts that constitute the emergency, what harm will occur if relief is not granted immediately, and what attempts were made to give notice to the other party. California Rules of Court generally require the moving party to give at least 24 hours notice to the other party before filing an ex parte application, unless giving that notice would itself create a risk of harm — for example, if notifying the other parent would cause them to flee with the child.

What Happens at an Ex Parte Hearing?

An ex parte hearing in California family court is typically brief. The judge reviews the written application and supporting declarations and decides whether to grant temporary relief. The other party may or may not be present — if they received notice, they may appear and oppose. If the court grants temporary orders, it also sets a date for a full hearing with proper notice — typically within 21 days — at which the temporary orders are reviewed. Ex parte custody orders granted without notice to the other parent are especially scrutinized at the subsequent full hearing because the court has heard only one side.

Ex Parte Orders and Domestic Violence

Ex parte applications for domestic violence restraining orders — DVROs — follow a slightly different process than other family law ex parte applications. A request for a temporary domestic violence restraining order can be filed at any time and the court must rule on it the same day or the next court day. If a DVRO is granted on an ex parte basis, it takes immediate effect and the restrained person is served with notice of the order and the subsequent hearing date. The subsequent hearing — the restraining order hearing — is typically held within 21 days.

Requirements for an Ex Parte Custody Order

The requirements for ex parte custody order applications in California are specific. The application must demonstrate: (1) that an emergency exists that cannot wait for a noticed hearing; (2) that the facts stated in the supporting declaration are true and complete; (3) what notice, if any, was given to the other party; and (4) that the relief requested is limited to what is necessary to address the emergency. Courts deny ex parte custody applications that lack a genuine emergency showing. Routine disputes about the parenting schedule, allegations of minor violations of a custody order, or disagreements about parenting decisions that do not rise to the level of immediate danger to the child do not qualify for ex parte relief.

Furubotten Law, APC handles emergency custody applications, ex parte motions, and domestic violence restraining orders throughout Orange County and Riverside County. Call (714) 795-3862 immediately if you are facing a family law emergency.