Emergency Custody Orders Overview

In this video associate Madeline Sawyer explains the ins and outs of Emergency Custody Orders: what they are? how you get one? and how you can fight one?
What is an emergency custody order? An emergency custody order is a temporary order awarding custody to one party when a child is subject to irreparable harm. Sometimes these are talked about in the context of DHS emergency custody orders. Today, we're only talking about when one parent is alleging that the child is subject to irreparable harm while in the custody of the other parent.
How do you get an emergency custody order?
There's two ways that you can get an emergency custody order. You can file an application for a temporary restraining order ("TRO"), or an application for an emergency order. Once the application is filed, the judge has the authority to issue what's called an ex parte order and the ex parte order means that both parties to the action aren't present. So usually when an ex parte order is entered in a family law case, only one party is there and that's the party that's asking for the emergency order or the temporary restraining order.
What are the Requirements for an ex parte order?
Oklahoma statute requires an independent report if available from a law enforcement agency or DHS taht demonstrates the child is in surroundings which endanger the safety of that child, and if such conditions continue the child will be subject to irreparable harm.
If one of those independent reports is not available, the court allows for an affidavit by a party who has first-hand knowledge of those same circumstances. So, in the event that a parent alleges that a child is subject to irreparable harm, but maybe something has happened in the police report or the DHS report isn't available yet because these things aren't written right away, or they're not available right away, the parent can sign an affidavit saying that these things happened and these circumstances or conditions exist, and that is sufficient for an application for an emergency order or TRO.
After an emergency custody order is granted the court will set a show cause hearing that hearing usually happens within either three days or ten days of the ex parte order and at that hearing both parties argue whether the standard has been met to continue that emergency custody order.
The burden is on the party asking for the ex parte order to show that irreparable harm will occur if no order is issued. They're basically saying that if that ex parte order isn't continued, then the child will suffer irreparable harm and what constitutes irreparable harm is very much dependent upon which judge you're in front of. It is really important to have an attorney who has knowledge and experience with each particular family law judge and what their perception of irreparable harm is.
I'm Madeline Sawyer, Fierce Advocate for Families. If you or a loved one are facing a custody dispute or emergency custody, call us or reach out through our website.
For a free confidential case evaluation, call [phone] or visit our website, www.JPCannonLawFirm.com
Please visit our website for more resources or answers to your questions.
Cannon & Associates, 1425 S Fretz Ave, Edmond, OK 73003
Call NOW - Your Fierce Advocate 405-657-2323
jpcannonlawfir...
Like us on Facebook: / jpcannonlawfirm
Follow us on Twitter: / john_p_cannon_
Google Reviews: www.google.com...
John Cannon’s AVVO Rating: www.avvo.com/a...

[@nadinejones78]

My husband's daughter was taken from Nebraska to Texas in 2018. Her mother passed and my husband wasn't informed and the person who took her to Texas told the court he didn't know where my husband was at and that child support couldn't locate him. I was able to get a copy of the child support order and proof of service but it's been 5 years now that this man has had my husband's daughter on a temporary emergency custody order from Hays County Texas. Does that constituent reversible harm? He basically has kidnapped her and then lied to a court to obtain a custody order...