California Family Court
An ex parte is a request for emergency court orders that cannot wait for a regular hearing — typically 4–8 weeks away. A judge may grant temporary orders within 1–3 court days based on your written declaration alone. Because of this power, courts require specific steps to be followed exactly.
An ex parte is a powerful tool, but it is meant for genuine emergencies only — not general disagreements or inconveniences. Courts can and do sanction parents who misuse the ex parte process. Take a moment to honestly assess your situation.
You need a strong written declaration explaining the emergency. It must include: what happened, specific dates and details, why it cannot wait for a regular hearing, and what orders you are requesting.
Gather and complete the following forms. The FL-303 cannot be fully completed until after you have given notice to the other party (Step 3), so prepare everything else first.
Before you go to the courthouse, you must notify the other party (or their attorney) of your intent to file an ex parte — what you are asking for and that you plan to submit it that day. You are not giving them a hearing date because there isn't one yet.
Acceptable methods of notice:
Document everything: when you gave notice, what method you used, exactly what you said, and how they responded (or that they did not respond). This goes directly on the FL-303.
Once you have given notice, complete the FL-303. This form tells the court exactly how you gave notice, what you said, when you said it, and to whom. It is a required part of your submission package and must accurately reflect what happened in Step 3.
Go to the family law clerk's window during the court's ex parte submission window — most courts require submissions by 10:00 a.m. on a court day. Check your specific courthouse before going as hours vary.
Bring your complete package: all completed forms, your signed declaration, any exhibits (text messages, photos, records), and 3 copies of everything. Pay the filing fee or submit your FW-001 fee waiver. The clerk routes your submission to a judge for review.
The judge reviews your paperwork — typically within 1–3 court days, though timing varies by courthouse and caseload. Do not expect an immediate decision. The judge may grant the orders as requested, grant partial orders, or deny the request entirely.
If temporary orders are granted, this is not the final decision. The judge is granting emergency relief only while the case moves forward. A formal follow-up hearing will be scheduled — typically within 20–25 days — where both parties appear and the judge decides whether to continue, modify, or end the temporary orders.
Once the judge signs the temporary orders, you must serve the other party with everything you submitted to the court plus the signed orders and the follow-up hearing date. Service must happen promptly.
Use a process server or a trusted adult who is not a party to the case. File your Proof of Service (FL-330 for personal service or FL-335 for mail) with the court after service is complete.
A denial does not mean your concern isn't valid. It may mean the judge felt the situation didn't meet the emergency threshold, or that the declaration lacked specific enough facts to support immediate action.
If domestic violence or abuse is part of your situation, please use the specialized resources at the top of this page. Your safety matters more than any court filing. The National DV Hotline is available 24/7 at 1-800-799-7233.