Child custody battles are heart-wrenching, especially for parents who fear that their child’s other parent poses an immediate and present risk to their child’s physical safety, psychological wellbeing or emotional wellbeing. If you believe your child is at imminent risk of physical danger or irreparable psychological harm, you can file for emergency custody orders in Connecticut.
How do you file an application for emergency custody orders?
Application forms for an emergency ex parte order of custody must be filed with the Connecticut Superior Court. The term “ex parte” means that the application can be ruled upon without the other parent having the ability to present their “side” of the story. Typically, the judge will determine whether to grant or deny the motion based solely upon the affidavit of the applicant. In addition, the applicant can choose whether to provide advance notice to the other parent that the ex parte application is being filed.
The court will only grant ex parte custody orders if you can show that your child is at risk of imminent and irreparable harm, whether physical or psychological. It is a high burden of proof.
In your application, you will indicate what relief you are asking the court to grant, such as temporary orders of full physical and legal custody, no visitation, or visitation under specific circumstances. Your application must include a signed affidavit made under oath, in which you provide a detailed account of why you believe your child is at risk of imminent and irreparable harm. You must also attach an “Affidavit Concerning Children,” which provides information about your child’s living arrangements over the last five years.
The court will read your application and rule on it on the same day it is filed before the Court closes at 5:00 pm. Based on your affidavit, the court can do one of three things – (1) grant the ex parte (emergency) relief in your application and schedule a hearing within 14 days from the filing, (2) deny the ex parte relief, but schedule a hearing within 14 days from the date of filing, or (3) deny the ex parte application and schedule a resolution plan date based on its normal course of business.
If the court grants emergency custody orders, what will happen at the hearing?
If emergency relief is entered, you will proceed to a hearing within two weeks. During the hearing, you will state your case and present evidence to prove what you swore to in the affidavit. This may include presenting documents or testimony from witnesses. Your child’s other parent will also present his or her side of the story, along with documents and/or witnesses if applicable. Both of you will most likely be cross-examined by the other side.
The court will make its decision based on what it perceives to be in the best interest of the child. The judge may determine who is telling the truth based on the disposition and veracity of the two parents, as well as other witnesses, if applicable.
When can you file for emergency custody orders?
You can file for emergency custody orders at any point that you believe your minor child is in imminent danger of physical or psychological harm. This can be done at the start of a divorce or custody action, while the divorce or custody action is in process, or after the court has entered a final divorce or custody judgment.
What are some situations in which the court may issue emergency ex parte custody orders?
Emergency custody orders may be granted in a variety of circumstances that present an imminent threat of physical or psychological harm to the child. These may include situations involving substance use, conflict, physical or verbal abuse, or uncontrolled mental illness. For instance, if the other parent drove the child while drunk, used illicit drugs around the child, or abused the child physically or verbally, these are situations where emergency custody orders may be granted.
If you are going to pursue emergency ex parte custody orders, it is important to provide a compelling, detailed argument in your affidavit and to gather as much supporting evidence as possible to present at the hearing. If you are the parent who is served with emergency orders, you will need to move quickly to defend yourself and your ability to ensure your child’s safety.
Given the gravity of emergency custody orders, it is critical that you work with a family law attorney who can represent you with the utmost sensitivity, skill, and knowledge of the intricacies of Connecticut law.
The family law attorneys at Hartford law firm Ruel Burns Feldman Kukucka & Britt have navigated a broad range of complex divorces and child custody matters in Connecticut, allowing for knowledgeable and compassionate representation. We understand that this is a stressful time for you, and we are here to support you through all stages of the process. Contact Ruel Burns Feldman Kukucka & Britt to discuss your family law matter. Call 860-206-9096 or click here.