(Riverside and San Bernardino County Family Court Cases)
After nearly three decades practicing family law, one thing becomes very clear: many parents believe they have an emergency when, legally speaking, they do not.
A parent discovers the other parent has a new boyfriend or girlfriend. A child comes home upset after a weekend visit. One parent disagrees with the other’s parenting decisions. Emotions run high, and the first question often becomes:
“Can I get emergency custody?”
In California, emergency custody orders are extraordinary remedies. Courts are generally reluctant to interfere with a parent’s custodial rights unless there is evidence that immediate action is necessary to protect a child from harm.
Understanding what actually qualifies as an emergency can save parents significant time, expense, and frustration.
Emergency custody requests are typically made through what is commonly referred to as an ex parte application. These requests ask the court to intervene immediately, often before the other parent has a meaningful opportunity to respond.
Because emergency orders affect fundamental parental rights, courts are cautious when considering them.
Family Code section 3064 generally requires a showing that the child is facing immediate harm or that there is an immediate risk the child will be removed from the State of California before emergency custody orders will be granted.
This is a much higher standard than many parents realize.
One of the most common issues I see involves parents confusing a serious disagreement with a legal emergency.
Family courts routinely see emergency requests involving:
While these issues may be frustrating and may eventually require court intervention, they generally do not rise to the level of an emergency requiring immediate ex parte relief.
Many emergency requests are denied because the facts simply do not meet the legal standard.
Cases that may justify emergency intervention often involve allegations supported by evidence showing a child faces immediate risk.
Examples can include:
Even in these situations, courts still want evidence.
The court is rarely making a final decision at the emergency hearing. Instead, the court is deciding whether temporary intervention is necessary until a fuller investigation can occur.
One phrase you hear repeatedly in family court is:
“Out of an abundance of caution.”
Judges often use this language when making temporary emergency orders.
What the court is really saying is:
“I do not yet know exactly what happened, but I am not willing to take unnecessary risks involving a child while more information is gathered.”
Parents often misinterpret these temporary orders as findings that the allegations are true.
That is not always the case.
Many temporary orders are entered while:
Temporary orders do not necessarily predict the final outcome of the case.
One significant development in Riverside County involves the use of Family Code section 3027 investigations.
Historically, courts often relied on parents to make reports directly to Child Protective Services. Today, Riverside County family courts frequently utilize procedures that allow the court itself to request or authorize investigations when allegations involve child abuse, sexual abuse, neglect, domestic violence, or other serious detriment concerns.
These investigations can include:
In many cases, this process provides the court with neutral information that can help evaluate the allegations and determine what is actually occurring within the family.
These reports are generally confidential, and courts routinely require attorneys and parties to sign protective orders restricting the disclosure of the information obtained through the investigation.
In practice, these investigations can significantly influence:
One of the most important things parents should understand is that courts generally want evidence, not simply accusations.
Helpful evidence may include:
The stronger the evidence, the more likely the court will seriously consider emergency intervention.
Conversely, unsupported accusations often create credibility problems later in the case.
Emergency custody requests frequently rise or fall based upon credibility.
Judges quickly begin evaluating:
Parents sometimes damage their own credibility by:
After years in family court, one thing becomes very clear:
The parent viewed as more credible often has a significant advantage in custody litigation.
Many parents assume the emergency hearing resolves the case.
In reality, it often marks the beginning of a longer process.
Depending upon the circumstances, the court may:
The court’s goal is ultimately to gather enough reliable information to make decisions that serve the child’s best interest.
Emergency custody orders are designed to protect children from immediate harm.
They are not intended to resolve ordinary parenting disputes, punish the other parent, or provide tactical advantages in custody litigation.
After nearly thirty years practicing family law, one thing remains consistent:
Judges are trying to protect children while preserving healthy parent-child relationships whenever possible.
The parents who do best in these cases are usually the ones who focus on evidence, credibility, and the child’s actual needs rather than anger, fear, or conflict with the other parent.
Emergency custody situations require careful evaluation and strategic decision-making.
If you are facing:
it is important to understand how courts evaluate these requests and what evidence is likely to matter.
The Law Offices of Edgar & Dow bring decades of experience handling custody disputes throughout Riverside and San Bernardino County family courts.
Contact our office to schedule a consultation and discuss your situation.
Generally, there must be evidence of immediate harm to the child or an immediate risk that the child will be removed from California.
Usually not. Courts generally do not view new relationships alone as emergencies absent evidence of actual risk to the child.
An ex parte request asks the court for immediate temporary relief before a regular hearing can be held.
It generally means the court is taking temporary protective action while additional information is gathered and investigated.
Yes. Riverside courts increasingly utilize Family Code section 3027 procedures to obtain additional information in cases involving serious allegations affecting children.
Evidence often includes police reports, medical records, CPS records, photographs, text messages, emails, and witness declarations.
No. Emergency orders are generally temporary and are often followed by additional hearings, investigations, evaluations, or mediation.
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