How to File an Ex Parte Motion in California Family Court
Ex parte means one side. An ex parte motion asks the court to issue temporary orders right now — before the other parent has a chance to respond or appear. California courts grant them only when waiting would cause immediate and irreparable harm. The bar is high. If you meet it, the court can act the same day you file.
When ex parte relief applies
Ex parte orders are appropriate when a child is in immediate danger, when assets are about to be hidden or destroyed, when a parent is about to flee the state with a child, or when there is an emergency that cannot wait for a regularly scheduled hearing. Inconvenience, ongoing conflict, and general concern do not meet the standard. The harm must be immediate and the relief must be necessary to prevent it.
Notice to the other party
Even in ex parte proceedings, California requires you to attempt to notify the other party before you file — usually by phone or email, at least 24 hours before the hearing. You must tell them what you are filing and when you are appearing. If you cannot reach them, you must explain why in your declaration. Failure to give notice when you could have will hurt your credibility with the judge.
The forms you need
File FL-300 — Request for Order — with the ex parte boxes checked. Attach FL-305 — Temporary Emergency Court Order — describing the specific emergency relief you are requesting. Include a detailed declaration (MC-030) explaining what happened, why it is an emergency, and what attempts you made to notify the other party.
What happens when you file
You file your papers with the clerk and request a same-day hearing. The clerk takes your papers to the judge. The judge reads your declaration and decides whether to grant temporary orders. If granted, a follow-up hearing is set — usually within a few days — where both sides appear and the judge decides whether to continue the orders.
What to bring
Documentation of the emergency: police reports, medical records, photographs, threatening texts or emails, school records, anything that shows what happened and why immediate action is needed. Courts are skeptical of ex parte requests — your documentation is what makes the difference.
Filing fee
$435 to $450. Fee waivers available via FW-001.
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