What Is an Emergency Custody Order?
An emergency custody order — formally called an ex parte temporary restraining order or ex parte custody order — is a court order issued without prior notice to the other parent when a child faces immediate risk of harm. California courts can issue these orders quickly, sometimes on the same day as the request, because waiting for a standard noticed hearing would place the child in danger.
When Are Emergency Custody Orders Appropriate?
Emergency custody orders are reserved for genuine emergencies — not routine custody disputes. Appropriate circumstances include:
- The other parent has abused or threatened to abuse the child
- The other parent is engaging in substance abuse that endangers the child
- The other parent has abducted or threatened to abduct the child and take them out of California
- The child has been abandoned or neglected
- The child is in immediate physical danger in the other parent's home
Courts take ex parte requests seriously and scrutinize them carefully. Filing for an emergency order based on exaggerated or manufactured claims — sometimes called "tactical" ex parte filings — is a serious violation that courts penalize and that can significantly damage your credibility in the underlying custody case.
How to Obtain an Emergency Custody Order
To obtain an ex parte custody order in California, you must:
- Complete a Request for Order (FL-300) and supporting declaration describing the emergency
- Provide notice to the other parent at least 24 hours before the ex parte hearing (unless notice itself would place the child in danger)
- Appear at the courthouse — most Orange County emergency custody hearings are held at the Lamoreaux Justice Center at 8:30 a.m. Monday through Friday
- Present clear and convincing evidence of the immediate risk to the child
What Happens After an Emergency Custody Order Is Issued
An emergency custody order is temporary. The court will schedule a full hearing — typically within 20-25 days — where both parents have the opportunity to present evidence and the judge makes a longer-term order. At this hearing, the requesting parent must demonstrate that the emergency circumstances justify a modification of the existing custody arrangement.
If you have been served with an emergency custody order and believe it was wrongfully obtained, contact an attorney immediately. You have the right to contest the order at the follow-up hearing, and your attorney can help you prepare an effective response.
Furubotten Law, APC handles both emergency custody applications and responses to emergency orders throughout Orange County and Riverside County. When time is critical, our team moves quickly.
Last reviewed: May 2026 · Author: Denise Furubotten, Esq.