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.

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.

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.

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.