What is an Emergency Custody Order?

Emergency custody may be granted on a temporary basis to someone whose child is at risk of physical harm.[1]

Who can Request Emergency Custody?

Either a custodial or non-custodial parent can request it. Local police are available to help retrieve a child if they are in the other parent’s care when an emergency custody order is granted.

Why is Emergency Custody Granted?

You must believe that your child is at risk of physical harm, sexual abuse, or abduction out of the state.[2]

What Makes Emergency Custody Hard to Get?

Another term for an emergency custody order is an ex parte order. Ex parte refers to an order that is entered without hearing both sides of the case. This is one of the reasons that obtaining an emergency custody order is difficult. Judges usually hear argument and evidence from both sides of a dispute before making a decision. In an ex parte hearing, they are only able to make a decision based on one side. You must have compelling evidence of the suspected abuse or danger to convince a judge to grant an emergency custody order.

Additionally, emergency custody orders are serious matters. The allegations involved are severe and damaging, and the potential impact on the child is substantial. For these reasons, judges do not grant such orders easily.

How Do I Get an Emergency Custody Order?

You can contact a family law attorney or your local court for specific guidance on court procedure, but you will likely need to file a complaint and sworn statement explaining your concerns. An ex parte hearing may be scheduled, at which point you must prove there is a need for an emergency custody order. You may receive a temporary order that will be in place until a full hearing is completed.

Proving your case to a judge in an ex parte hearing is a challenging task. With only one side giving their statement of the facts, judges are often strict about what constitutes clear and convincing proof of harm or danger. Contact Ley Law to schedule a consultation and discuss the details of your emergency custody case.

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[1] North Carolina Judicial Branch. Child Custody. https://www.nccourts.gov/help-topics/family-and-children/child-custody

[2] N.C.G.S. § 50-13.5. ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-13.5.html