Family Law – How To Apply For Emergency Orders For Child Custody

During or after divorce proceedings, one of the parents might believe that the child is in danger, thus submit emergency application for child custody. If the parent understands family law, then he or she is aware that the law makes allowance for such requests or applications. The parent does not have to wait until the end of the court proceedings to decide to apply for full custody, if fully convinced of a threat to the child’s life. The emergency proceedings and applications are ex parte, which means that the parent applying for such orders does not have to inform the other parent.

Parents need to understand that emergency orders for custody are only temporary. Therefore, the parent submitting this application should not expect the court to grant him full and permanent custody. If the court listens to this application and grants the parent custody, it is on the premise that it has determined that the child is at risk. However, the onus is on the parent making the application to show proof that the child is truly at risk of suffering harm. If the two parents conduct themselves amicably during the divorce proceedings, they would have to apply for custody. If the proceedings are anything but amicable, emergency orders would be suitable. If you are looking for a professional when it comes to family law linked here.

If one parent suffers mental illness, which has led him to threaten the child in any way, the other parent has every right to apply for emergency custody orders. If there is a real risk of one of the parents causing harm to the child during the divorce proceedings, it is okay to file for emergency orders regarding child custody. The parent making the application has to fill the right form indicating all the details he believes qualify him to obtain temporary custody over the child. The form is available at the local courthouse. Ideally, parents should fill this form in the presence of their solicitors to avoid making mistakes, technical or otherwise.

After preparing the petition with the assistance of lawyers Baulkham Hills, the parent should submit it to court clerk. When submitting emergency orders, parents should never worry about filing fees, as they do not exist in such situations. Upon receiving the documentation, the court clerk shall direct the parent to a judge who can listen to the case immediately considering that the child’s life is in danger. The other parent does not have to be present. For the court to grant such a request, the parent has to submit the documentation with financial worksheet and affidavit. A proposed provisional custody order is also necessary.

Finally, the parent should not rush with the process without expecting the judge to listen to the evidence that he presents. Therefore, to stand a better chance of winning the case, the parent should come equipped with all the proof that the child’s life is in danger from the other parent. If the judge determines that the child is not under any danger, she might deny the request. The judge might grant the request basing her judgment entirely on what the parent has stated in the petition. Some of the documents that the parent needs to avail include conveyancing reports, police reports, medical reports and photos to mention but a few.