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What is an emergency custody order?

| Jul 19, 2021 | Family Law |

You couldn’t take it anymore, so you filed for divorce. After filing, you need to wait until the court grants you full custody of your child. Meanwhile, you are worried about their safety. If you don’t trust your ex, and you believe that they might hurt your child, you have the right to ask the court for an emergency order to get custody of your child until the final hearing.

Temporary custody

In emergencies, the court can issue temporary custody orders without a hearing. These orders are known as ex parte, and they grant a person full custody of their child until the official hearing date. You can get an ex parte order if you believe that your ex will injure your child in an immediate and irreparable way.  To prove that the danger is immediate and irreparable, you must show the court specific facts or a written declaration from another person.

Keep in mind that the court may allow your ex to visit your kid if they grant you temporary custody. However, the court can deny their visitation rights if you present a written declaration that states that harm could come to the child.

Immediate and Irreparable harm

The harm that your child can suffer must be immediate and irreparable for the court to consider your case. Immediate means that you believe the harm could happen before the date of the hearing. Irreparable meaning that your child won’t ever recover from the harm. Trauma counts as irreparable harm.

Expiration and denied claims

Ex parte orders are temporary, and they usually expire 30 days after the order. In some cases, the court can extend the order for 15 more days. If the court denies your claim for an ex parte order, you’ll need to wait for the court hearing to know your child’s custody order. To increase your chances of getting custody of your child, consider seeking legal representation in court. If you believe that your ex won’t be good to your kid, you have the right to ask for sole custody.

 

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