Schwartz Law Firm


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Can I get an emergency custody order?

Divorce proceedings can take weeks, and some parents can’t afford to wait that long to get a custody order. An abusive or violent parent can put a child at risk, and the more time the child spends with them, the more dangerous it can be for the child. If you have concerns regarding your child’s wellbeing, there is a solution to your problem. You can ask the court to issue an emergency custody order if you have a valid reason to believe that your ex can harm your child.

Ex parte order

A parent can ask the court to give them a temporary custody order under urgent circumstances. An emergency custody order is called an ex parte order, and the court must have a good reason to issue it. The court can only give these orders if there is an immediate and present risk of physical or physiological harm to the child.

Filing the order

To issue an ex parte order, you must write a statement explaining your situation and the danger your child is facing. The court will review your statement and give you an ex parte order if they consider you have a valid reason to ask for it. Once you receive the order, you must send a copy of it to the other parent to inform them about the court’s decision. The court may hold a hearing regarding the ex parte order in two situations:

  • If the court denies your petition and you file an objection within 21 days of receiving the denial
  • If the court approves your petition but the other parent objects within 14 days of receiving the copy of the order

If the court accepts your petition and your ex does not file a written objection to their decision, your ex parte order will automatically become a temporary custody order. Your temporary custody order will last until the court gives you the final custody order.

Protecting your child

If you believe your child is in danger, you should not wait to take action. You must write a strong written statement if you want the court to consider your case for an ex parte order. Lawyer Jay Schwarz has considerable experience in ex parte orders, and he can help you build a strong statement. You have the right to protect your child from your abusive ex, and you can do this by asking the court for an emergency order.