Tips for Requesting an Ex Parte Custody Order

Discover important tips for requesting an ex parte custody order to protect your child’s immediate safety and rights.

Tips for Requesting an Ex Parte Custody Order

When a child’s safety is at immediate risk, you don’t have the luxury to wait for weeks or months. In such cases, a standard custody arrangement may not be an option. During these urgent situations, a parent may request the court for an “ex parte” custody order.

This type of order allows the judge to make a temporary custody decision without hearing from the other parent. Since ex parte custody orders significantly affect parental rights, they are not granted lightly by the court. If you are in dire need and not sure how to go about this, consult a child custody lawyer.

Below are some tips for requesting an ex parte custody order.

1.   Know When an Ex Parte Custody Order is Appropriate

An ex parte custody order is typically requested during an emergency. It is used when a child is facing harm because of physical abuse, neglect, substance use, or the risk of being abducted and taken out of the state without permission. Therefore, courts expect ex parte requests to only be reserved for true emergencies.

General disagreements, parenting style differences, or ongoing custody disputes typically do not qualify. You must show that waiting for a regular hearing will place the child in immediate danger. The focus in these cases is always the child’s safety and not punishment for the other parent.

2.   Get Strong Evidence

Since the judge is only hearing one side initially, it is important to present clear and convincing information. The stronger and more specific your evidence, the better your chances.

Helpful evidence includes:

• Police reports
• Medical records
• Photos of injuries or unsafe living conditions
• Text messages or emails showing threats
• Sworn statements from witnesses

Vague claims or emotional arguments without proof are not enough. Stick to facts, dates, and details to show why urgent action is necessary.

3.   Be Clear and Honest in Your Petition

Clarity matters when filing your request. Clearly explain what is happening, why it is dangerous, and how it affects your child right now. Avoid any exaggeration or speculation, as judges are trained to spot any unsupported claim.

It is best to describe incidents instead of general concerns. For example, explain an incident that occurred, what happened, and how it puts the child at risk. Being honest and direct will help you build your credibility and help the court have a better understanding of the urgency in your request.

4.   Understand That the Order Is Temporary

Ex parte custody orders are not permanent. This is a temporary pick-me-up designed to address the immediate risks and will remain in effect only until a full hearing can take place. After the order is issued, the court will schedule a hearing where both parents can present evidence and arguments.

This means you should still continue preparing for your case even after an ex parte order is granted. You may need additional evidence, a witness, or documentation to support your position at the next stage.

5.   Get Legal Guidance Before Filing

Requesting an ex parte custody order can be legally complex, especially since the standard for approval is high. Filing without the proper documentation may result in denial or even harm your position in future proceedings.

Legal guidance can assist you in ensuring your request is properly structured, supported by strong evidence, and focused on the child’s best interests. Even when emotions are running high, having professional support can help you stay calm, as it takes the burden off your shoulders, hence you can approach the situation more effectively.

Conclusion

• Ex parte custody orders are meant for true emergencies where a child faces immediate risk.
• Courts require clear, specific evidence showing why urgent action is necessary.
• Emotional claims are not enough, and facts, details, and documentation are required.
• Ex parte court orders are temporary and will be reviewed at a full court hearing.
• Having the right legal representation can strengthen your request.