Emergency Child Custody Orders

Emergency Child custody orders are often required following a dispute between parents. 

Often one separated parent will have custody of the child and the other non-resident parent will have some form of contact with their child. There are sometimes emergencies that require the courts to consider applications urgently and issue an emergency child custody order.

In urgent cases, an emergency child custody order might be sought with the Judge hearing from only one parent, without the other parent having knowledge of the case being in court.  The circumstances where this is appropriate are rare.

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In what circumstances can I request an emergency custody hearing?

A parent can request an emergency custody hearing if you believe your child is in immediate danger of harm or of being removed from the country. The parent who usually applies for emergency child custody is usually worried, stressed, or angry and are concerned about the safety and wellbeing of their children.

What evidence will I need to present at an emergency child custody hearing?

In order for an emergency custody order to be obtain one the parent making the application must present evidence and the need for emergency. A parent must typically show that the child faces “immediate harm.”  It is therefore important to note and write down the events that lead you to believe your child is in risk of harm. If you gathered this through a conversation with your child or the other parent then write this down, and collect any emails, notes or photographs which may be of assistance.

This evidence will be useful for both the emergency custody hearing as well as any subsequent hearings if you would like to apply for full custody.

How long does an emergency court order for child custody last?

Following an emergency child custody hearing, any emergency court order for child custody made will usually be limited in duration to the extent necessary to protect the child. The court will then usually set a further hearing to consider the matter again and to provide the other the opportunity to explain their case and respond to allegations.

How do I request an emergency child custody order hearing?

In order to request an emergency custody hearing the parent will need to complete a child application form and provide a supporting statement. The completed form and statement will need to be handed to the court and an emergency custody hearing will need to be requested. You will also have to pay the court fee for the application. The family court will then list the matter for an emergency hearing usually on the same day in which the judge will consider the evidence and reach a decision on whether to grant the emergency child custody order.

Arrange an initial consultation to see how we can help you secure an emergency Child Custody Order today

We have helped countless parents secure emergency child custody orders and continue to do so regularly. If you would like more information on emergency child custody orders or are concerned about the well-being and safety of your child then contact us today on 0330 094 5880 to discuss your options or let us call you back.

Alternatively if you require urgent advice on applying for an emergency child custody order you can contact us on our out-of-hours emergency line or arrange for a call back.