What can a temporary and emergency order do?

Temporary and emergency orders are a means of gaining interim relief during the pendency of a dissolution. For example, temporary or emergency orders might state who temporarily gets to live in the family home, who temporarily gets custody of the children, and whether one party needs to pay temporary spousal maintenance (“alimony”) to the other.

What happens when a judge issues an emergency custody order?

At the emergency custody hearing, the judge will review the evidence and make a decision regarding custody. If the judge decides to change custody, he or she will issue a temporary order of custody. This could mean that one parent will have full custody of the child for a period of time. Keep in mind that this isn’t a permanent situation.

When do I need an ex parte emergency order?

Temporary emergency (ex parte) orders are needed to: (a) help prevent an immediate loss or irreparable harm to a 2. party or to children in the case, (b) help prevent immediate loss or damage to property subject to disposition in the case, or (c) set or change procedures for a hearing or trial. a.

When do you need a temporary order in Family Court?

You need a temporary order. When couples separate, important issues are often resolved (at least temporarily) in a short hearing before a judge. Even though these quick hearings are less formal than standard court hearings, their brevity means that you must be prepared and know exactly what you want. You may have only a few minutes to ask for it.

Can a court make an emergency custody order permanent?

Emergency custody orders are only temporary. Once a temporary custody order has been granted, you must file petitions and initiate proceedings to make these new orders permanent. This is done through the courts holding original jurisdiction over your case.