Understanding Emergency Custody Orders in Washington State

In recognition of National Child Abuse Prevention Month, it's important to understand the legal avenues available to ensure a child's safety. If you're a parent in Washington State and you believe your child is in immediate danger, an emergency custody order may be necessary. This blog will explain what emergency custody orders are, when they can be used, and how they differ from regular custody orders.

What is an Emergency Custody Order?

An emergency custody order, also known as an ex parte order, is a temporary order issued by a court without prior notice to the other party. It's typically requested when a parent believes that a child is in immediate danger and there is no time to wait for a regularly scheduled hearing. Situations that may warrant an emergency custody order include:

• Substance abuse by a parent that impacts parenting

• Domestic violence or threats of violence

• Abandonment

• Reckless or threatening behavior

• Risk of a parent leaving the state with the child without consent of the other parent

  
  

The court prioritizes the child's safety when deciding whether to issue an emergency custody order. To obtain an emergency custody order, you must demonstrate to the court that the child's health, safety, or welfare will be substantially and irreparably harmed if the order is not issued before a hearing with notice can be held.

Emergency Custody Order vs. Regular Custody Order

The key difference between an emergency custody order and a regular custody order lies in the urgency and the process. An emergency custody order is for emergency situations where immediate action is needed to protect a child from harm. In contrast, a regular custody order (or parenting plan Washington State) is typically obtained through a motion for temporary orders, which requires scheduling a hearing with the court. There is no order in place pending the hearing date which can sometimes cause chaos for families because it is a stressful time when both parties usually want custody, and when there is no order to follow, disputes tend to follow.

Emergency custody orders are usually followed by a return hearing within a few weeks. At this hearing, both parties can present their case, and the court will determine whether to extend the ex parte order or put another order in place. Temporary orders can be changed throughout a case if there is a change of circumstances. Once the case is finalized by either agreement or at trial, the final orders then become permanent and supersede the temporary orders.

The Importance of Acting Quickly

Consider this scenario drawn from The Divorce Navigator: Imagine a situation where one parent has a history of substance abuse and has been exhibiting increasingly erratic behavior. The other parent notices that the child is often left unsupervised and that the home environment is becoming unsafe. Despite these concerns, they hesitate to take immediate action, hoping the situation will improve.

One day, the substance-abusing parent drives with the child while intoxicated, resulting in an accident.

Fortunately, the child sustains only minor injuries, but the situation could have been much worse.

In this scenario, the concerned parent likely has a basis to seek an emergency custody order, the child may be protected from further trauma and danger of being unsupervised with a parent whose substance use is creating an imminent safety risk.

How to Obtain an Emergency Custody Order in Washington State

If you believe your child is in immediate danger, contact a family law attorney immediately. An attorney can help you assess the situation, gather evidence, and prepare the necessary paperwork to request an emergency custody order in Washington State. Contact the Superior Court Clerk’s office for the procedure in your county.

Remember, time is of the essence when it comes to protecting your child. Acting quickly and seeking legal guidance can help ensure their safety and well-being.

If you need help learning about Emergency Custody Orders in Washington State and protecting your children, call us at 206-703-0764 or contact us online to schedule a consultation.