“I have a problem and I need a court date now!”

“I have a problem and I need a court date now!”

This is a situation I’m often presented with when a new client comes into my office. The problem is there is hardly a situation where the court believes that an immediate court date is neccessary. There is generally only one way to request an immediate or emergency court date, its called an Ex Parte hearing. This is an emergency hearing that you can request 24 hours in advance; however, the process is that you or your attorney prepares the paperwork, files it with the court, and the court decides whether they believe the situation is urgent enough to warrant holding the Ex Parte hearing. Crossing that “threshold” of what the court believes is urgent can be extremely difficult.

Although each judge makes their own determination, and judge’s decision and rationales can vary greatly. Two examples to illustrate what the court has deemed NOT emergencies are:

1) A parent left town with the child. The other parent recieved information that parent and child were living in a car several towns away. An Ex Parte request was filed for the return of the child. The court denied this as an emergency and set it for a “regular hearing” to be heard and decided in two months.

2) A parent was in violation of court order by concealing the child. The parent had history of mental unstability and a criminal record. The court ruled this was not an emergency and set the matter to be heard in three months.

A regular hearing is usually set between 4-12 weeks from the date you file the paperwork, depending on how busy the courts are.

If you have questions about whether your problem is approprite for an Ex Parte hearing, please call Moore Family Law Group for your free consulattion. (951) 463-5594.