Being parents means you think well of your child. But, the world can be cruel and parents cannot always keep a child safe. Different ideas and opinions affect the basic concerns of a healthy environment and well-being of the child and safety.
During such difficult times, parents can request an emergency parenting order or an emergency custody order to protect their children’s future. An emergency order is a temporary order issued primarily because of child abuse or domestic violence. If the child is in imminent danger, the court needs evidence to order emergency custody.
Therefore, parents are advised to seek expert guidance before taking any action, as an emergency parental order can only be taken in a high-stakes situation.
What Does an Emergency Parenting Order Entail?
An Emergency Parenting Order (Emergency Custody Order) is a court order issued to grant temporary custody of a child to one of the parents due to extreme situation that endanger the child’s protection.
The purpose of an emergency order is to provide immediate protection to the child, and a process moves quickly, regardless of whether you are the person filing or responding. Furthermore, the ex-partner can be obtained for emergency orders without the involvement of the other party.
Parenting Order: Key Aspects
Temporary Order
An emergency parenting order is a temporary action that does not allow for permanent custody of the children.
Risk situation
Parents can only file for an emergency order if there is an immediate threat to the child’s health and protection. A future situation does not qualify for an emergency order.
Court Order
Parents follow the legal process by filing a proper application in the court, then the judge will understand your situation and give an order based on the evidence. If one does not obey the decision, they can be found in contempt of court.
Physical Danger
To file for an emergency order, such as domestic violence and child abuse, there must be danger or physical harm to the child.
Who Is Eligible to Request an Emergency Parenting Order?
All parents have the right to request an Order for Emergency Parenting if their child in danger, regardless of whether they are divorced, married, or have a Planned Parenthood. The court urges us to exercise caution when it comes to protecting the welfare of the child. Parents are advised to consult with a lawyer to discuss available legal options.
Parents file for such procedures only when the co-parenting poses a risk to the child through conditions such as neglect, physical harm, abandonment, and abuse.
Causes for Emergency Parenting Order
Emergency orders are short-term solutions to avoid long-term issues. For example, in California, situations that threaten the physical well-being of a child qualify an Emergency Order for Parenting.
1. Substance Abuse
If parents engages in criminal activity or has a drug habit that could harm the child’s physical health, the other parents can file for an emergency order.
2. Mental health conditions
Parents can file for an emergency order if the parents in the order are struggling to fulfil responsibilities due to health problems, either mentally or physically.
3. Child Abandonment
If parents believes that a child is being neglected in the custody of the other parents, they can file a petition with the court and have the child removed from their home.
4. Domestic Violence
Parents can file of an emergency parenting order if the child is a victim of physical abuse or experiencing domestic violence.
Parents requesting emergency custody must demonstrate they are competent to follow the order because the court relies entirely on the evidence and will not base the decision solely on opinion.
How to Submit an Application for an Emergency Parenting Order
The process of filing a custody order is governed by the court, so it is important to read these forms carefully and understand the steps that need to be completed.
Parents need to fill out two forms
- Supporting declaration and application for order
- Proof of service form
Once completed, copies of each form are also provided to the other parents. After that, the parents must fill out an order request and provide it to the other parents the day before the hearing.
In addition, the parents must complete the documentation and provide supporting evidence supporting your claim that the child’s safety is at risk, such as,
- Emails
- Pictures
- Police reports
- Statements
- Text messages
- Medical records
Is it Possible to Overturn an Emergency Parenting Order?
Emergency custody becomes necessary for some unfortunate reasons. Some parents find themselves on the unfair side of the order. Adequate arguments and evidence must be present to ensure that the outcome is the best for the child.
If an emergency custody order is against you, there are a few steps you can take to change the condition, such as:
- Keeping records to support your case
- Keeping records of interactions with the child and relevant parties
- Keep a journal of conversations with the child
- Document incidents of abuse or violence.
- Have a neutral third-party
- An experienced attorney to defend your case
- Reliable evidence
CONCLUSION
If parents are seeking an emergency parenting order, it’s important to consult with legal counsel or an experienced lawyer who can guide you throughout your case while make sure your rights are secured.
It is important to keep in mind that the order serves the best interests of the child, so it’s important to provide proof that supports your case for the need of an emergency parenting order.
FAQ’s
How long does an emergency court order for the child custody last?
After an emergency child custody hearing, any emergency court order for child custody will generally be limited to what is necessary to protect the child. The court will usually hold a further hearing to reconsider the matter and give the other party a chance to explain their case and respond to the charges.
How do I request is an emergency child custody order hearing?
A hearing to request emergency custody will require parents to complete a child request form and provide a supporting statement. A completed form, and statement will need to be submitted to the court, and a request for an emergency custody hearing will be required.
You also have to pay the court fee for application. The family court will usually list the case for an emergency hearing on the same day, at which the judge will consider the proof and reach a decision on whether to grant an emergency child custody order.
How long should a parents wait to file an emergency order?
Immediate action is necessary to avoid any negative impact on the case. If the case is delayed, it can compromise the welfare of the child and can be used against the parents.
Why do parents opt for emergency parenting orders?
One of the main reasons for parents to apply for emergency custody is a threat to the child’s safety.
Why is a legal advisor necessary?
An experienced attorney handles and understands your case professionally. An expert handles your case to ensure that justice is served.
