Ex-Spouse Obtained an Ex-Parte Custody Order While I Was Out of Town

My question involves a child custody case from the State of: Califonia

I recently separated from my wife and was forced to move out with my daughter (15) from separate relationship. We came to my family's home to re group and plan out our future moves on where to go from here.

Meanwhile over the last 3 weeks my daughters mother has been threatening ex parte everyday via email. I.E. pre 10am i get email stating ex parte hearing the next day. And by 3pm cutoff for paperwork nothing shows up in my email box. So Thursday I get the usual ex parte hearing tomorrow at 1pm. Them 3pm comes and goes and still no paperwork. Finally at 7pm i get the court documents and declaration. Full of exaggerated lies. So first thing in the morning i call courthouse and asked what can i do? They stated that i need to have response in by 10am....I'm 350 miles away. I decided (thinking that the judge would read thru the BS and not sign) to wait until after 1pm hearing and call back a find out outcome. He signed temporary emergency custody orders. So first thing first is i emailed my ex asking for copies of the orders so i could forward them to my attorney. She finally sent them this morning (Sat.) in jpeg format that i cannot read due to their small size.

What are my rights here? She's stating that she is driving hear tomorrow to pick my daughter up. My daughter is absolutely freaking out and told me she would runaway if she ended up back there.

Do i have to let her go with her tomorrow?

Judge ordered me to show up in court on the 20th for response. But that's 11 days away, and i'm afraid my ex will try and stick her in school to anchor her. Like i said before, my daughter DOES NOT want to go.

How can she obtain an order for custody of a child not her own? Apparently, the judge ordered you to show up for court. He did not order you to release the child. If you have nothing legible saying you must, you have full right to keep the child. I suggest you pack up and return to CA tonight.

Dis, the judge signed off on emergency temp custody - Dad DOES need to hand over daughter at least in the short term.

But yeah - I'm curious as to how and why this child is even a focus at this point.

Unless Mom actually adopted her and Dad is relying on the fact that she's not bio Mom?

If the court never notified him, I would go back to town and have my own lawyer gum up the works on Monday, before I received notification.

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Quoting Disagreeable

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If the court never notified him, I would go back to town and have my own lawyer gum up the works on Monday, before I received notification.

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The court doesn't notify parties of hearings.... and Monday is a court holiday

but here's where the OP went wrong. He was TOLD to file a response by X time and decided... ehhh... I'll work my own program and not do it. Welp?

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Quoting CourtClerk

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The court doesn't notify parties of hearings.... and Monday is a court holiday

but here's where the OP went wrong. He was TOLD to file a response by X time and decided... ehhh... I'll work my own program and not do it. Welp?

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a procedural question:

based on only what has been posted, it would appear the child ordered to go with the wife is not the wife's child. That would mean the wife would not have standing, without some supporting proof of a relationship the courts would choose to continue, to seek custody of any sort of the girl. Additionally, there is a possibility the there is already a court order as to custody of the girl.

given that info and a bit of reading into the situation, that would mean the courts would not have subject matter jurisdiction and they may not even have personal jurisdiction over the child. What should the OP have done in the limited time he had to contest the hearing itself and if not able to stop the hearing, what could he have done since he could not have actually gotten to the courthouse in time to file anything and even obtaining a lawyer that quickly would be extremely difficult?

Obviously with an ex parte hearing, it is designed to have only one party so it would not be suspect if the OP did not show up and one would expect some sort of order to come from the hearing but the fact of the matter is; it would appear wholly improper for any order concerning custody of the unrelated child to come from the hearing. How would the father defend the order to relinquish the child (presuming) the court had no valid authority to issue such an order?

Wife has standing right up until the court says otherwise. Plus, CA does allow a third party to petition.

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Quoting Dogmatique

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Wife has standing right up until the court says otherwise. Plus, CA does allow a third party to petition.

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A court is not going to rule on standing unless somebody asks them to. Given this was an ex parte hearing, the court could be totally ignorant of the possible lack of standing as well as a possible lack of jurisdiction. I do wonder though that by not filing some motion to contest if the OP has not royally screwed himself but again, given it was an ex parte hearing, maybe not.




Yes, I understand the third party issue. That is why I mentioned the possible relationship a court would want to continue.

In complete agreement here.

Not turning up was a mistake.

Sorry if I was not clear. I meant OP had not received formal notice of the order granting her custody based on the Ex Parte hearing. Yep I forgot Monday is. That would make it Tuesday to get his lawyer involved. I am still awaiting the response about how she convinced a court to give custody of someone else's kid to her.

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Quoting CourtClerk

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The court doesn't notify parties of hearings.... and Monday is a court holiday

but here's where the OP went wrong. He was TOLD to file a response by X time and decided... ehhh... I'll work my own program and not do it. Welp?

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