Emergency Custody Orders and Ex Parte Motions in Louisiana

Sometimes, people in coparenting situations need emergency custody of their child to protect their well-being. For those living in Louisiana, this can be achieved with emergency custody orders and an ex parte motion.

People who need emergency custody are already under an immense amount of stress. We strongly encourage anyone in this situation to consult a family law attorney to understand their options and receive guidance throughout the process. Graham Law & Associates can discuss your situation and explore your options with a consultation.

What are emergency custody orders and ex parte motions?

An ex parte motion provides a temporary emergency custody order to a parent (or guardian) without the other parent present. This is granted if the requirements of La C.C.P. art. 3945 are met. Ex parte is Latin for “on one side only.” A parent or guardian may request emergency custody for a variety of situations, including:

• Abuse
• Neglect
• Risk of danger
• Risk of removal
• Domestic violence
• Sexual abuse or molestation
• Drug or criminal activity around the child
• Threats of violence

An ex parte motion is a temporary solution. Most of the time, judges who issue these court decrees schedule a hearing with both parents within a short time. La. C.C.P. art. 3945 states hearings must be scheduled at the earliest possible time. This is typically within 30 days of the temporary ex parte motion. During these hearings, both parties present their sides; then a permanent solution, or update to the existing custody plan, is issued.

When a child is in immediate danger or at risk of harm, parents must act as swiftly as possible. A knowledgeable child custody lawyer helps clients through this process. They provide legal support and guidance to assist in getting the child to safety.

How to file for emergency custody

For people who believe there is a significant danger to a child’s health, safety, or overall well-being, the following will need to be done:

Gather documentation

Ex parte motions in Louisiana must be supported by a verified affidavit outlining the concern and why emergency custody is sought. It also requires a petition that outlines the child (or children) impacted, the relationship to them, and the existing custody agreement. These must outline the immediate risk of harm to the child.

File documents with the court

Once the documents are prepared, they must be filed with the court. It’s important to know which court to file these documents with so there aren’t delays. An attorney can help navigate this part of the process.

Review and decision

A judge then reviews the petition and issues a decision. These are typically reviewed and decisions made without a hearing, but it does vary based on situations.

Serve the other parent

The other parent must legally be notified of the ex parte order and the new custody hearing. This is to notify them of their rights to present their case during the new custody hearing.

If this isn’t possible, certified reasons on why the parent couldn’t be served must be included by court officials.

New custody hearing

Under the above law, new custody hearings are scheduled as soon as possible, but this can also vary based on the situation. After both parties have presented their cases, the judge will determine a new custody arrangement.

These steps are complex and nuanced. We strongly recommend that anyone in this situation discuss the situation with an attorney and seek counsel before taking these steps.

How long does the court order last?

This answer will vary based on each case. The ex parte emergency custody order will last until the new custody hearing. This can be anywhere from a few days to a few weeks from issuance. Emergency custody orders are not long-term solutions and shouldn’t be treated as such. These temporary measures are to protect a child from immediate risk.

Can the motion be modified?

Yes, but ex parte motion modifications are not a common occurrence. These temporary solutions typically have full hearings within a few weeks, so most of the time, modifications are not necessary.

In some instances, new evidence or a change in circumstances could lead to a modification. It’s important that anyone wanting to modify an ex parte motion speak to an experienced attorney who can offer insight into the legal options.

Can a motion be appealed?

In some cases, someone can file an appeal for an ex parte motion. Appeals can be made if there were errors in the documentation or if someone believes an incorrect decision was made based on the evidence. The timeframe to file an appeal is tight, so it’s important to understand these deadlines before taking this route.

To appeal an ex parte motion, the appropriate documentation must be filed with the correct court. The appellate court then reviews all information to determine if the appeal should be granted or not, depending on the circumstances.

What consequences are there for violating an ex parte custody court order?

Violations may result in contempt of court, and in some circumstances may lead to criminal charges if statutory elements are met. An ex parte motion is issued to protect a child in danger. If this type of court order is violated, the consequences could range from mild to severe. Some consequences may include:

• Be in contempt of court
• Criminal charges for abduction or endangerment
• Restraining orders
• Protective orders
• Negative impact on future custody arrangements

The severity depends on the reason for the ex parte motion. Each situation is unique and will have differing outcomes.

How a family law attorney helps clients

Ex parte motions can be highly complex situations. There are several requirements needed to prove danger to the child. When a parent is worried their child is in imminent danger, this can be an incredibly overwhelming process.

A family law attorney will be familiar with the child custody laws in Louisiana. An experienced attorney guides their clients through the process while offering legal knowledge and support. They also advocate for the children’s, as well as their clients’, interests in court.

Request a consultation with Graham Law & Associates today

Many people don’t want to face emergency custody orders and ex parte motions alone. The process is complex with strict requirements around documentation and filing. If you are seeking emergency custody, we encourage you to reach out to an experienced family law attorney.

At Graham Law & Associates, we support and guide clients through the legal process to protect the children’s interests. Request a consultation today to discuss your situation and legal options.