Assertive And Strategic Representation With Integrity

When can the court give emergency child custody orders?

Changing an existing parenting plan usually requires a court hearing where both parents need to be physically present before a judge issues new orders. However, in some cases, that is not a requirement.

When the children’s welfare is in immediate danger, the court can step in to save the situation by issuing temporary emergency orders. These orders are meant to secure the children in the short term before the court decides on the way forward regarding the parenting plan.

Reasons for temporary emergency orders

Usually, such orders are only issued in emergency cases where the children are in immediate danger. For instance, the court cannot order emergency custody simply because you think the other parent is not doing a good job at parenting.

However, if the children are victims of abuse or neglect, the court can give emergency custody orders to protect them. Similarly, if your co-parent intends to move out of state with the children, you can seek emergency orders to prevent that.

How to file for an emergency temporary custody order

Before petitioning the court to issue emergency custody orders, you need to have evidence supporting your claims. If the children are in immediate danger or if it is a case of parental abduction, you need to prove that to the court for a successful petition.

Remember, emergency custody orders are not permanent, but they take effect immediately. Thereafter, the court will schedule a hearing to make a final determination of the matter — to either uphold the temporary orders or issue new ones. Given that your children may be in danger, time is of the essence, and you cannot afford any delays. Knowing the steps to take will help you hasten the process and protect your children’s wellbeing.