Minor Ex Parte Petition

Summary

In California, a minor cannot independently file for an ex parte order; a guardian must do so. An ex parte application includes reasons for the request, supporting evidence, a proposed order, and a declaration of notice. Grounds for an ex parte order include immediate harm, loss, or damage. Immediate harm can be physical, emotional, or psychological. Emotional abuse can be grounds for an ex parte order. A home inspection can be requested in child welfare cases. Crowding refers to the ratio of people to living space. Character references can be beneficial. Providing basic needs is a parents responsibility. Custody decisions consider the childs best interests. Allegations of abuse can expedite custody cases. Temporary custody can be requested by a guardian. Past threats can be used as evidence. Ex parte orders require clear proof of immediate harm. Recorded threats can be used if compliant with consent laws. Emotional manipulation is taken seriously in child welfare cases. Coercion involves forcing someone to do something against their will. Texts detailing distress can be used as evidence. Even

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Oh ok thank you
You're welcome! If you have any more questions or need further clarification, feel free to ask. I'm here to help!
So i was wondering what does an ex parte look like? Like what questions are on there
An ex parte application typically includes:
*. A detailed explanation of the reasons for the request.
*. Evidence supporting the request.
*. A proposed order for the judge to sign.
*. A declaration under penalty of perjury that notice has been provided to the other party or justification for the lack of notice.
Always consult a legal advisor for guidance.
Oh ok thank you
You're welcome! If you have any further questions or need more information, don't hesitate to ask. I'm here to assist you.
What are the grounds for an ex parte?
Grounds for an ex parte order in California often include:
*. Immediate harm, loss, or damage will occur before the other party can be heard in opposition.
*. The other party's actions would render a judgement ineffectual.
*. Specific statutory basis.
Always consult a legal advisor for a precise understanding.
What counts as immediate harm?
Immediate harm in legal context typically includes:
*. Physical harm or violence.
*. Threats of violence.
*. Emotional or psychological harm.
*. Any action that puts someone's safety or wellbeing in imminent danger.
Remember to consult a lawyer for specific advice.
Can you get an ex parte for emotional abuse?
Yes, in California, emotional abuse can be considered immediate harm, which is a ground for an ex parte order. However, specific evidence of the abuse is typically required. Please seek guidance from a legal advisor for your situation.
Can i request a home inspection on my current home and my grandma's house to prove that my grandma's house is clean and safe unlike the house I'm currently at?
Yes, you can request a home inspection as part of a child welfare or custody case in California. However, a guardian or legal representative will need to make the request on your behalf. Always consult a legal advisor for specifics.
What is considered crowding? Does there have to be a lot of people in the home or does people on the property count?
In California, crowding typically refers to the ratio of people to living space in a home. However, it's not only about the number of people, but also factors like:
*. Adequate sleeping arrangements.
*. Accessibility to basic facilities.
*. Privacy concerns.
Whether people on the property count depends on specific circumstances. Always consult a legal advisor for precise guidance.
So i have a lot of people on my side that can write character references is that good?
Yes, character references can be beneficial in legal proceedings. They provide insight into your character, behavior, and reputation. However, they should be from credible individuals who know you well. Consult with a legal advisor for proper guidance.
So my dad will buy me food like take out when he comes home his parents house has water already can he keep me for providing basic needs?
In California, providing basic needs such as food and water is part of a parent's responsibility. However, custody decisions consider various factors, including the child's best interests, safety, and well-being. Please seek advice from a legal professional for your specific situation.
My dad always wants me to do chores to "thank" him for providing me with basic needs
In California, it's common for parents to expect children to contribute to household chores. However, if this requirement is excessive or exploitative, it could potentially be an issue. Could you provide more detail about the nature and extent of these chores?
They aren't excessive i stay at home all day i go to independent studies and i live in the middle of nowhere so I'm pretty much isolated
I see. Isolation can be challenging. Are you seeking legal advice on how to deal with this situation, or is there a specific legal question you have in mind?
Would that be considered in a custody battle? Because I'm always socializing at my grandma's
In a custody case in California, the court considers factors that affect the child's wellbeing, including:
*. The child's interaction with family members.
*. The child's adjustment to home, school, and community.
*. The mental and physical health of all parties.
Your socializing at your grandma's can be considered. Consult a legal advisor for more specifics.
My grandma said that it took 4 months for visitation rights for my cousins will it take 4 months for me too?
The duration for obtaining visitation rights can vary based on the specifics of the case, court's schedule, and other factors. It's not guaranteed to take the same time as your grandma's experience. Please consult a legal professional for more precise information.
So with one of the reasons for a change in custody being abuse and neglect will that help speed up the trial time?
Yes, allegations of abuse or neglect could potentially expedite a custody case in California, as child safety is a priority. However, the court's schedule and case specifics can influence the timeline. Consult a legal advisor for more information.
Oh ok i want to stay at my grandma's because i feel safe there can i legally stay there while we wait for the trial?
In California, a minor can stay with a relative like a grandparent while awaiting a custody trial. However, the current legal guardian's consent or a court's temporary order might be necessary. Please consult a legal advisor for a tailored approach.
Does the court give temporary custody or does my grandma have to request it?
In California, the court can issue a temporary custody order, but your grandma would need to request it through a proper legal process. An experienced legal advisor can provide detailed guidance on this matter.
I doubt my dad will willing let my grandma have temporary custody of me
In California, if your father refuses to give your grandmother temporary custody, she can petition the court for it. The court will consider your best interests, which includes safety and wellbeing. Consult a legal advisor for detailed guidance.
Can i use past text showing threats from my dad in an ex parte? To show he has threatened me before and has hit me before
Yes, in California, you can use past text messages as evidence of threats or abuse in an ex parte order. It's crucial to preserve these messages and share them with your legal representative. Please consult a legal advisor for specific guidance.
Are ex parte's hard to get?
In California, getting an ex parte order can be challenging as they are usually granted in urgent situations. It requires:
*. Clear proof of immediate harm or risk.
*. Notice to the other party unless there's a solid reason for not doing so.
Consult a legal professional for detailed guidance.
If i can get a recording of my dads mom saying she will hit me if i don't listen can i use that too? Because she's threatened to hit me my dad has hit me and still threatenes to and I don't like being around my dads dad
In California, recorded threats can provide evidence for an ex parte order. However, ensure recording complies with California's two-party consent law. Consult a legal advisor for specific guidance.
Oh ok thanks yeah i don't really feel safe here I'm always worried of making people mad and yelling at me or threatening me
I'm really sorry to hear about your situation. If you're in immediate danger, you should contact the police or a local social services agency. They can provide immediate help. For legal advice, consider reaching out to a trusted adult who can help you connect with a lawyer.
Ok thanks
You're welcome! Please remember, your safety is the utmost priority. Don't hesitate to reach out to local authorities or trusted adults if you feel threatened. They can provide immediate help and guide you through the legal process. If you have more questions, feel free to ask.
My grandma tells me that if i don't feel safe here to call her so she can drive here and to call the police
It's good that you have a support system through your grandma. If you are feeling unsafe, definitely reach out to her and the police. Remember, your safety is paramount. If there are any more questions or concerns, don't hesitate to ask.
My dad and he's parents guilt trip me a lot they make me feel bad because they give me my basic needs
I'm sorry to hear that you're experiencing emotional distress. Emotional manipulation can be challenging. In California, emotional abuse is taken seriously in child welfare cases. Are there specific incidents of emotional abuse you'd like to discuss?
Yes my dad pretty much makes me massage his legs because they hurt if i dont want to he'll say i work hard all the time or i work a lot or i do so much for you i feed you and that his parents do a lot for me buy feeding me and buying dog food and help take care of my dogs when I'm here and i have running water and water to drink and electricity i am grateful for that but he makes me feel that i have to earn it
I'm sorry to hear that. If you feel uncomfortable or coerced into doing something you don't want to, it's important to voice your feelings. In California, emotional manipulation can be considered a form of abuse. You should speak to a trusted adult about this.
Ok i will. What is coerced?
Coercion refers to the act of persuading or forcing someone to do something by using force or threats. It involves manipulating or controlling someone against their will. It's important to discuss any feelings of coercion with a trusted adult or legal advisor.
Ok i will my dad told me yesterday in the care " if you can hang around with the people at grandma's house(my family) then you can hang around the people at this house(his family) and if you can't hang around the people at this house then you don't need to be going to grandma's house"
I'm sorry to hear about your situation. In California, if you're feeling coerced or threatened, it's taken seriously. Your feelings are valid and important. You might want to discuss this with a trusted adult or a legal advisor to explore your options.
My aunt said to save text between the * number to show that i have been in distress and felt lonely here
That's a good idea. In California, any evidence of distress or emotional abuse can be used in legal proceedings. It's important to keep all records of such communications. Feel free to ask if you have more questions.
I don't have any recordings or many text most of my text are me telling my friends or family what happened like what my dad or his mom said to me
In California, you can use those texts as evidence if they detail what you've experienced. It's crucial to keep any evidence that can support your case. Consult a legal advisor for specific guidance.
So the text i have of my dad threatening me are 4 years old
In California, even if the texts are old, they can still be used as evidence of past abuse or threats. It's important to consult a legal advisor to understand how these texts can be used in your specific case.
My dad said yesterday that he's going to erase all my contacts and isolate me from my family if i cant talk to his
I'm sorry to hear about your situation. In California, cutting off communication and isolating a minor from their family can be considered a form of emotional abuse. It's important you notify a trusted adult, legal advisor, or local authorities about this threat.