Emergency Custody Order

EMERGENCY CUSTODY ORDER

Court:    Case No.:    Date of Order:

Petitioner Name:    Respondent Name:

Minor Child(ren) Name(s) and DOB(s):

RECITALS

WHEREAS, the Petitioner filed an emergency application on alleging immediate risk of harm or abduction to the minor child(ren); and

WHEREAS, the Court has reviewed the sworn testimony, affidavits, and evidence and finds that there exists probable cause or clear and convincing evidence demonstrating that temporary custody is necessary to protect the health, safety, or welfare of the minor child(ren); and

WHEREAS, the Court finds that immediate entry of an emergency custody order is in the best interests of the child(ren) pending a full hearing on the merits;

NOW, THEREFORE

Based on the foregoing recitals and the Court's factual findings set forth below, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

FINDINGS

The Court makes the following specific findings by clear and convincing evidence (check all that apply and describe factual basis):

Immediate danger of physical harm to the child(ren)

Risk of imminent abduction or flight with the child(ren)

Evidence of abuse, neglect, or inability to provide for the child(ren)'s basic needs

ORDER

1. Temporary Custody Award. The Court ORDERS that physical custody of the minor child(ren) is hereby granted to: until further order of this Court or until the hearing set in paragraph 3 below. The custodian shall have the authority to determine the child's immediate residence and day-to-day care.
2. Legal Custody and Decision-Making. The Court ORDERS that legal decision-making authority for medical, educational, and emergency decisions during the pendency of this order is vested in: Petitioner Respondent Other: Any health care provider, school, or other institution presented with a copy of this Order shall rely on the designation above for immediate decision-making authority.
3. Hearing; Duration. A full evidentiary hearing on the petition is scheduled for at in Courtroom: . This emergency order remains in effect until the date of that hearing or until further order of this Court.
4. Restraints on Respondent. The Respondent is RESTRAINED from removing, concealing, or otherwise taking custody of the child(ren) from the custodian named in paragraph 1. The Respondent shall not contact the child(ren) in person, by electronic communication, or through third parties except as expressly provided in a subsequent Court order or as permitted in paragraph 5 below.
5. Temporary Access and Visitation. Supervised visitation may be permitted at the discretion of the custodian: Yes No. If supervised visitation is allowed, the conditions and supervisor's identity shall be:
6. Access to Records. The custodian shall have immediate access to the child(ren)'s school, medical, and other records. All institutions and providers are ORDERED to release such records upon presentation of a certified copy of this Order.
7. Law Enforcement Assistance. Law enforcement agencies are AUTHORIZED and ORDERED to assist in the immediate and peaceful transfer of custody to the designated custodian and to enforce the restraints contained in this Order.
8. Service and Notice. Petitioner shall effect personal service of this Order on the Respondent and file proof of service with the Court within days. If personal service cannot be effected, alternate service consistent with applicable law may be employed as authorized by the Court.
9. Return of Child(ren). Should the Respondent knowingly violate this Order, the Court may order immediate return of the child(ren) to the custodian, contempt proceedings, and any other relief authorized by law.
10. Remedies Preserved. Nothing in this Order shall limit the Court's authority to award additional relief at the hearing, including temporary support, attorney's fees, or further protective measures as warranted by the evidence.

NOTICES

MISCELLANEOUS PROVISIONS

Governing Law: This Order shall be governed by and construed in accordance with the laws of the state in which the issuing Court is located.

Entire Agreement: This Order constitutes the complete and final emergency custody determination of the Court and supersedes any prior temporary custody arrangements between the parties to the extent inconsistent with this Order.

Severability: If any provision of this Order is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Modifications: This Order may be modified or vacated only by subsequent order of this Court following notice and an opportunity to be heard, except that the Court may make emergency modifications upon a showing of changed circumstances.

Waiver: The failure of any party to enforce any provision of this Order shall not constitute a waiver of that provision or the right to enforce it subsequently.

ADDITIONAL INSTRUCTIONS

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