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  1. #1
    Join Date
    Apr 2015
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    12

    Exclamation Court Procedures for an Emergency Temporary Custody Order

    My question involves a child custody case from the State of: California.
    Can someone please tell me the laws of how a emergency temp order is supposed to be handled. Are you supposed to call the one your filing againest and let them know when the emergency hearing is? Im confused with how a judge can grant such orders when they would only have one side with no evidence, no CPS or sheriff reports. Just a printed out text that still doesnt show proof. Please help. My ex took my kids never returned them and than filed temp orders in false allegations

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Court Procedures for an Emergency Temporary Custody Order

    That's why it's called an ex parte hearing - it's asking the court to issue an emergency order pending the outcome of a full hearing without the other parent being involved in person.

    Now. What led up to this?

  3. #3
    Join Date
    Apr 2015
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    12

    Default Re: Court Procedures for an Emergency Temporary Custody Order

    Oh ok. Ive read several different things so i wasnt sure and i know his attorney called me and left a message saying they were filing for it but no other details. One day my daughter was acting out and I spanked her bottom and later on while she was atschool i called her dad to talk about her actions lately and to see if we can figure something out. And than he picked her up from school she or he accused me of beatin her with a mop and smacking her. She obviously was mad i spanked her. Anyways long story short first he said i gave her bruises and sent pics of bruises than told me via phone that he was joking and they drew them on. Than 2 days later he calls sheriffs, they find nothing of course. And than he doesnt return my kids and files a emerg temp order On thise allegations. But he also tried to bribe me saying if i let him see or talk to my daughter whom is his ex step daughter he wld drop my girls off. I disagreed than thats when they were filed. And now i havent seen or spoke with my kids. And ive textes him every evening pretty much begging to talk to them. And i get nothing. im in the process of writing out my declaration and filing againest it but i dont have an attorney so I'm trying to make it professional. He had my kids out of school for 4 days just so i didnt pick them up. And than 20 days of school missed this school year with him. So he is clearly not stibilty for them but without an attorney i really dont know my options. So i started a go fund for an attorney. Not in me to ask for money but i have to get my kids back, im not a bad mother and not abuser or a druggie or anything of the sort

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Court Procedures for an Emergency Temporary Custody Order

    How old are the kids?

    Is the temp order still in place? How long since?

  5. #5
    Join Date
    Apr 2015
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    12

    Default Re: Court Procedures for an Emergency Temporary Custody Order

    The daughter I pissed off by spanking her is 11 tomorrow and the other is 9. I was served the papers April 2nd and yes still in place and we dont have court until may 6th

  6. #6
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    Apr 2009
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    Somewhere near Canada
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    Default Re: Court Procedures for an Emergency Temporary Custody Order

    Then that's what you do.

    (I strongly advise you to quit spanking the kids - they're not 3 and 4. Many - including myself - echo the same opinion handed down by various courts)

  7. #7
    Join Date
    Apr 2015
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    12

    Default Re: Court Procedures for an Emergency Temporary Custody Order

    Well of course I know to go to the court hearing. And thanks for your opinion but that isn't what I'm here for nor does it matter. I will spank my kids until there 18 if i choose to and so will their father bc our issue isnt spanking. And if my child was ordered to live with her father bc I spank, so be it. Im not going to let my child think her actions are, esp after this mess, excusable and that she can call the cops when she doesn't get her way again. This is why there is so many disrespectful kids nowadays. Makes me sick. ...

  8. #8
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Court Procedures for an Emergency Temporary Custody Order

    And you're free to put yourself through the ringer every time your ex- uses your "spanking" as a basis to take you back to court, or if the matter ends up being investigated by protective services. Meanwhile, if your theory of spanking had merit, it shouldn't be necessary for you to be spanking an eleven-year-old -- or do you attribute your child's disrespect and bad conduct to other aspects of your parenting?

  9. #9
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Court Procedures for an Emergency Temporary Custody Order

    Quote Quoting mandilyn6781
    View Post
    Well of course I know to go to the court hearing. And thanks for your opinion but that isn't what I'm here for nor does it matter. I will spank my kids until there 18 if i choose to and so will their father bc our issue isnt spanking. And if my child was ordered to live with her father bc I spank, so be it. Im not going to let my child think her actions are, esp after this mess, excusable and that she can call the cops when she doesn't get her way again. This is why there is so many disrespectful kids nowadays. Makes me sick. ...
    I'm a big proponent of spanking, but if you have to spank your children up until they're 18, then you haven't done something right. Seriously, an 11 year old I can understand. A 16 year old? You just don't know how to parent.

  10. #10
    Join Date
    Apr 2015
    Posts
    12

    Default Re: Court Procedures for an Emergency Temporary Custody Order

    Maybe
    I suggest you get a job bc this hobby of yours is pathetic. People come here asking questions, and if they wanted your opinion or advice , than they would ask. And since I didn't ask, feel free to jump on over to the next thread where you can bash people and than feel good about yourself bc your online everyday, you sit behind a computer day and night and have nothing better to do. If I sat online all day I would know the family laws as well too. But instead Im working and raising my children so they don't grow up lazy and bitter sitting behind a computer like some people. I already know the response a person like you will come back with, but don't bother bc you will not get a reaction out of me. YOUR eager urge to put down someone or give them no faith or positive feedback, is disgusting And shows are a lonely, unhappy, and bitter man that is either extremely ugly and fat or you just had a sorry life.. Good luck! Tootles

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