Legal Question in Family Law in California

Ex parte orders are court orders granted on an emergency basis. You must familiarize yourself with the court's local rules on notice and responsive pleadings. It is possible the court already issued orders in this case. I urge your friend to seek the services of a qualified family law attorney so she can properly protect her and her children's legal rights.

I agree with Arlene. Ex parte motions are nothing to fool with trying to do on your own. Basically what an ex parte motion is is a motion that says "hey, we have an emergency here that must be addressed immediately." The judge first must determine whether an emergency exists. If so, the judge is likely to issue temporary orders that day, which could involve a temporary custody order. Obviously, the attorney hopes the judge will rule in his client's favor and remove them from your friend. A hearing at a later date will be set at the time of the ex parte, to allow the parties time to prepare a proper motion and response. The worst thing your friend could do is not show up. I have seen judge's order a temporary order only because there was nobody there to say they objected.

Ex parte motions can often be abused by parties to gain an advantage in a custody battle. Make no mistake - even if only a temporary order is issued, it could have long term consequences. It is not something I would recommend your friend doing on her own.