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  1. #1
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    Jul 2013
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    Default How to Prepare and File an Ex Parte Motion

    My question involves a child custody case from the State of: California - Los Angeles County

    Can anyone help me to know each form needed to complete an Ex-Parte? I'm trying to complete the forms now to file later today and I'm not sure of everything I need. I am at work and can't leave until later so I need help knowing the forms now.

    My Daughter was Unsupervised at the age of 6 yrs old, was kissed by a 16year old teenage girl due to no supervision. I've had her since this happened, but as of August she will be in an afterschool care the her dads girlfriends sister works at. I am worried the sister may release my daughter to them without my permission and put hmy daughter back in a bad situation.

    Custody case has already been filed from his end. I have yet to respond. I need an exparte before she start school to ensure she does not end up at her dads until after court and rules are set in place.

    Please help!

  2. #2
    Join Date
    Oct 2006
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    16,441

    Default Re: Ex-Parte Paperwork Needed

    Quote Quoting nclifton
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    My question involves a child custody case from the State of: California - Los Angeles County

    Can anyone help me to know each form needed to complete an Ex-Parte? I'm trying to complete the forms now to file later today and I'm not sure of everything I need. I am at work and can't leave until later so I need help knowing the forms now.

    My Daughter was Unsupervised at the age of 6 yrs old, was kissed by a 16year old teenage girl due to no supervision. I've had her since this happened, but as of August she will be in an afterschool care the her dads girlfriends sister works at. I am worried the sister may release my daughter to them without my permission and put hmy daughter back in a bad situation.

    Custody case has already been filed from his end. I have yet to respond. I need an exparte before she start school to ensure she does not end up at her dads until after court and rules are set in place.

    Please help!
    There are currently no custody orders correct? You cannot file an exparte if there are no custody orders in place, because until a court orders a schedule for dad, you do not have to allow unsupervised parenting time.

    As part of your response, you can outline the problems that have been experienced when allowing unsupervised visitation with dad, and ask that the court not make temporary orders until all issues have been heard.

    You can also change your arrangements for your daughter's after school care.

  3. #3
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    Jul 2013
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    Default Re: Ex-Parte Paperwork Needed

    Quote Quoting llworking
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    There are currently no custody orders correct? You cannot file an exparte if there are no custody orders in place, because until a court orders a schedule for dad, you do not have to allow unsupervised parenting time.

    As part of your response, you can outline the problems that have been experienced when allowing unsupervised visitation with dad, and ask that the court not make temporary orders until all issues have been heard.

    You can also change your arrangements for your daughter's after school care.
    Thank you for this information. No Custody order in place but he just filed and served me as of Monday. I have not yet filed my Response.

    The afterschool care is my only option. I've pre-paid for the entire school year already and will not be able to get a refund or have other afterschool options. So I'm curious... Say he was to go to the afterschool program and pick her up - What are my legal rights without a custody order in place? Will he just be able to keep her until court begins for custody? Would I be able to call the police and have her back with me? I've always heard without paperwork the cops cant do anything and either parent can take and keep the child...

  4. #4
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    Jul 2012
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    Default Re: Ex-Parte Paperwork Needed

    Instruct the daycare facility that neither he nor any of his family members are to leave the facility with your daughter because he hasn't established custody or visitation rights and you have a pending court case. Put it in writing. Daycare facilities always make parents fill out forms stating who is authorized to pick their children up. And put the above in writing.

    You should also inform them that the father's girlfriend's sister is an employee and share your concerns regarding the sister potentially releasing your child to unauthorized individuals.

    Was the sister working there before you enrolled your daughter?

  5. #5
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    Jul 2013
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    Default Re: Ex-Parte Paperwork Needed

    Quote Quoting EA1070a
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    Instruct the daycare facility that neither he nor any of his family members are to leave the facility with your daughter because he hasn't established custody or visitation rights and you have a pending court case. Put it in writing. Daycare facilities always make parents fill out forms stating who is authorized to pick their children up. And put the above in writing.

    You should also inform them that the father's girlfriend's sister is an employee and share your concerns regarding the sister potentially releasing your child to unauthorized individuals.

    Was the sister working there before you enrolled your daughter?
    Awesome! I will do this!!! thank you!

    No she was not working there before this... Very Upsetting. The girlfriend actually told me she got a job there just moments before serving me the paperwork. I'm now stuggling to know if I should be doing this with an attorney - which I totally can't afford... This is a scary thing. Having the future of your Child turn into a court battle.

  6. #6
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    Default Re: Ex-Parte Paperwork Needed

    I would also suck up the lost payments and switch after school care for the safety of your child and peace of mind for yourself.

  7. #7
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    Default Re: Ex-Parte Paperwork Needed

    Quote Quoting nclifton
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    Awesome! I will do this!!! thank you!

    No she was not working there before this... Very Upsetting. The girlfriend actually told me she got a job there just moments before serving me the paperwork. I'm now stuggling to know if I should be doing this with an attorney - which I totally can't afford... This is a scary thing. Having the future of your Child turn into a court battle.
    Yes, you should be doing this with an attorney. And if you cannot switch daycare providers you should definitely talk to the person running the place, tell them what's going on, tell them you suspect that the sister got a job there solely because your daughter will be attending, and you believe she is going to attempt to gain access to your child. Put them on notice. Who knows. Maybe the sister won't be working there by the time your kid starts.

  8. #8
    Join Date
    Jul 2013
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    Default Re: Ex-Parte Paperwork Needed

    Quote Quoting EA1070a
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    Yes, you should be doing this with an attorney. And if you cannot switch daycare providers you should definitely talk to the person running the place, tell them what's going on, tell them you suspect that the sister got a job there solely because your daughter will be attending, and you believe she is going to attempt to gain access to your child. Put them on notice. Who knows. Maybe the sister won't be working there by the time your kid starts.
    I'd love to have an attorney, but a $3000 retainer for 10 hours is intense.

    I almost have my response paperwork done for the papers he served me - Does anyone know the exact forms I can include in the response? Do I include a declaration stating the issues that happens when shes under her fathers care? I assume I should have everything in the response... Oddly her dads paperwork didn't have a declaration of any kind. Just saying he wants child support and to allow me roughly 40% visitation - and he wants legal and physical custody. not happening.

  9. #9
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    So Cal
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    Default Re: Ex-Parte Paperwork Needed

    Quote Quoting nclifton
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    I'd love to have an attorney, but a $3000 retainer for 10 hours is intense.

    I almost have my response paperwork done for the papers he served me - Does anyone know the exact forms I can include in the response? Do I include a declaration stating the issues that happens when shes under her fathers care? I assume I should have everything in the response... Oddly her dads paperwork didn't have a declaration of any kind. Just saying he wants child support and to allow me roughly 40% visitation - and he wants legal and physical custody. not happening.
    I know it's intense, and the retainer will go quickly. But if you have to beg or borrow, do everything you can to try to retain counsel.

    BTW, he should have included the response paperwork in the packet that was served on you.

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