In the Family cases often times certain facts and events give rise to necessity for an emergency and immediate court intervention and ruling.
For example a parent may be seeking to transport a child permanently or temporary out of the jurisdiction without a prior court approval or permission from the other parent.
Court order child visitation may be blocked or access to the child is denied by a parent having physical custody to a parent with visitation rights.
Child’s safety or security may be at risk or jeopardy.
The child may be in need of medical treatment and intervention with no directives or consensus from the parents.
In such cases, the Administrative Order 14-23 provides guideline as to what are some of the bases for an emergency ex parte hearing:
- A child in imminent danger,
- A child who has been kidnapped,
- A complete denial of access to a child, and other extraordinary situations that the court deems appropriate.
Emergency motions will be handled according to the following procedures:
- Party or attorney advises the deputy clerk at the CIC (“central intake center”) that he or she is filing an “emergency” pleading and is requesting an emergency hearing.
- CIC first will contact the chambers of the judge assigned to the case and will advise the chambers’ staff of the filing.
- If it is determined that the matter is non-emergency an expedited hearing schedule may be set.
Even if parents have executed a separation or consent custody agreement, there may be times when execution of certain clauses even if previously consented to — not to be in the best interests of the child or even in direct violation of the child custody legal elements. Often times the separation or custody agreements are not merged with the final order and thus never reviewed or approved by the court.
Under these circumstances, an immediate court involvement may be needed to ensure and to secure the best interests of the child.
Refer to our Washington DC Family Lawyer page for more information of this topic.