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ICWA-070Mandatory

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

California · Judicial Council of California · Effective January 1, 2020

This form asks the court for a hearing without a full trial (ex parte) to get the physical custody of an Indian child back. It is used when the child was taken out of the person's care because of immediate danger, but new information shows the child is no longer in danger.

The court describes it as: Ask 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.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Motions

Stage: Motions

This form is used when a child was taken from a parent, Indian custodian, or legal guardian because the court thought the child was in immediate danger. It is used when new information shows that the danger is gone and the child can be returned to the person's care.

Either party may file.

Common questions

What is this form for?
This form is a request for a hearing to get the physical custody of an Indian child back from the court. It is used when the child was taken out due to immediate danger, but the danger is no longer present.
Who fills out this form?
The form has sections for an attorney or a party without an attorney to fill out. It also requires signatures and dates.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2020.

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