Ex Parte Emergency Custody Orders

If your child is in danger, you'll want to protect them right away. An ex parte emergency custody order removes your child from a harmful situation.

Applying for an order ex parte, meaning "from one party" in Latin, expedites the process. The court will only need to hear from you and will issue your order quickly to protect your child's health and safety. However, you'll need to prove that you cannot wait for a standard custody order or for an emergency custody order that lets the other parent respond to allegations.

What is an ex parte order for custody?

An ex parte custody order grants temporary emergency custody to one parent without giving notice to the other parent. Family courts only grant these orders if urgently putting one parent in charge serves the child's best interest.

Ex parte orders go into effect once signed by a judge and eventually expire. A judge can extend the order if necessary.

Requirements for ex parte custody orders

You must demonstrate that there is an imminent threat to your child's health and safety. For example:

• Your child is being abused or neglected.
• There's a risk of parental abduction.
• The other parent is abusing substances.
• The other parent is incapacitated.

If your situation fits, you can apply for an ex parte custody order.

Applications for emergency ex parte orders of custody

Many courts allow you to make your request before applying for a standard custody order.

Your application will detail why you need to take physical custody of your child immediately. Your court may have an ex parte custody form like the example below.

Since the stakes are high, hiring a lawyer to draft your petition is strongly encouraged. They'll know the best way to make your case. Reach out to your local legal aid office for help if you cannot afford a lawyer.

In addition to your statement on the situation, the court will want to see evidence that supports your claims. This may include:

• Your child's medical records
• Reports from Child Protective Services
• Records of communication
• Written witness statements

Attach the evidence to your application for the court to review.

Emergency custody hearings

If the court determines your child's situation is dire, it will quickly schedule an ex parte hearing. If an order is granted, you can take physical custody of your child right away. Some states like Louisiana require ex parte orders to include visitation time for the other parent — unless contact would jeopardize the child's safety.

At this point you'll need to hire a process server or sheriff to provide service of the ex parte order to the other parent, along with a summons for the next hearing.

The next hearing will occur a couple weeks after the ex parte hearing. Here, the judge will decide whether to extend, replace or cancel the ex parte order. The other parent can attend to present evidence to try to regain custody.

Using technology to get an ex parte emergency custody order

You'll need to present strong evidence that demonstrates emergency custody is necessary to keep your child safe.

The Custody X Change online app has the tools you need to support your case.

The parenting journal helps you document important developments.

The parenting time calendar lets you propose when the other parent should have phone calls or supervised visits.

A printout of messages exchanged with your ex can highlight hostile language and prove unsafe behavior.

Custody X Change lets you create all of these items in one place. It makes sure you're ready for your ex parte and standard hearings.

Take advantage of technology to get what's best for your child.