Filing for Connecticut Emergency Custody is necessary when a child needs immediate protection. Fortunately, there is a process to get a court order right away, without a full hearing, to ensure a child’s safety.
This is called an ex parte order.
Here’s the process:
Complete an Affidavit. State all the reasons why the child is “immediate and present risk of physical danger or psychological harm.” Persuade the judge that there needs to be emergency order now rather than waiting for a hearing. Be convincing – but always be truthful.
File the Affidavit at the Court Clerk’s Office. You must file the Affidavit along with a Custody Application unless a case is pending. A Clerk will take the documents to a judge for a quick ruling.
The other parent or guardian must be served with the documents.
A few other notes:
Be thorough – the judge can only act on the information presented in the Affidavit.
The judge may inform the Department of Children and Families (DCF) of the allegations in the Affidavit. This may involve DCF conducting an Investigation and advising the judge as to their findings.
The ex parte orders may provide for temporary child custody, an order prohibiting the removal of the child from Connecticut and/or an order regarding visitation rights. You can also request other orders specific to your emergency situation.
A hearing will occur within 14 days for all parties to be in attendance. At this hearing, both parents will present evidence as to why the ex parte orders should or not remain in effect.
Connecticut Emergency Custody Attorney
I represent clients in Connecticut Family Court in custody proceedings though out Fairfield County including those in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Email me. Or call my either of my offices to schedule a consultation. Stamford office (203) 356-1475. Fairfield office (203) 259-5251.
I will walk you through the Connecticut Emergency Custody process.