California Request for Ex Parte Hearing to Return Physical Custody of an Indian Child

• Category: Family Law - Child Custody and Visitation
• State: California
• Control #: CA-ICWA-070
• Format: PDF

Description Ca Ex Parte Hearing

This official form asks the court to return the Indian child to your physical custody if the child was taken from your custody on an emergency basis because the court found that the child was at imminent risk of physical damage and things have changed so that the child is no longer at risk.

The California Request for Ex Parte Hearing to Return Physical Custody of an Indian Child is a legal request made by a parent or guardian to return physical custody of an Indian child to the parent or guardian. This request is typically made after a court order removes physical custody of the Indian child from the parent or guardian. The request can be made in order to prevent the Indian child from being taken by a state or tribal agency or to ensure the Indian child’s safety and well-being. The request is made to the court, which will then review the facts of the case and either grant or deny the request. There are two types of California Request for Ex Parte Hearing to Return Physical Custody of an Indian Child: Emergency Ex Parte Hearing and Non-Emergency Ex Parte Hearing. An Emergency Ex Parte Hearing is requested when there is an immediate threat to the safety of the Indian child, such as a potential abduction or abuse. A Non-Emergency Ex Parte Hearing is requested when there is a need to change the existing court order, such as when the parent or guardian has entered into an agreement with the other parent or guardian and wishes to have the agreement recognized by the court.