An Emergency ex parte application for custody means that it is filed “for one party.” An ex parte application is an exception to the general rule that both parties must be present at any argument before a judge. Instead, these applications are initially considered “on the papers” by a judge without argument. Ex parte applications seek immediate, temporary orders, pending a formal hearing with both parties present.
When Are Emergency Ex Parte Applications For Custody Filed?
Emergency ex parte applications for custody are filed in emergency situations where one party believes that these types of orders are in the best interests of the child(ren) because there is an immediate and present risk of physical danger or psychological harm to the child(ren). Emergency ex parte applications for custody may be filed if one parent is under the influence of drugs or alcohol during his or her parenting time, if one parent is psychologically or physically abusing the child(ren), or if one parent absconds with the child(ren).
Do I Need To Give The Other Parent Notice That I Will Be Filing An Emergency Ex Parte Application For Custody?
Yes. Prior to filing an emergency ex parte application for custody, the applicant must give the other side reasonable notice pursuant to Practice Book Section 4-5. Typically, notice is given the same day as the filing of the application, which includes copies of the documents to be submitted to the court. The notice requirement gives the other side reasonable notice to prepare and file an objection.
What Documents Need To Be Submitted With An Emergency Ex Parte Application For Custody?
When filing an emergency ex parte application for custody, certain documents must be filed: an application, a supporting affidavit, which must be signed by the applicant under oath, and an affidavit concerning children, which also must be signed by the applicant under oath. In the application, the applicant will delineate the relief sought. In the supporting affidavit, the applicable will explain the circumstances and explain why the relief sought is appropriate. The affidavit must include a statement that there is an immediate and present risk of physical danger or psychological harm to the child(ren).
What relief may be sought in an Emergency Ex Parte Application for Custody?
An applicant may seek temporary legal and physical custody with a specific parenting schedule under certain conditions or no parenting time at all. Certain conditions may include drug or alcohol testing or supervised parenting time. An applicant may also seek orders that the other parent may not remove the child(ren) from the State of Connecticut, may not interfere with the applicant’s custody of the child(ren), or may not interfere with the educational program of the child(ren).
When Will A Judge Rule On An Emergency Ex Parte Application For Custody?
Typically, judges rule on an emergency ex parte application for custody on the same day that it is filed. Written orders will be issued, which must be served on the other side within a proscribed period of time.
Will There Eventually Be A Hearing On An Emergency Ex Parte Application For Custody?
Yes. Absent an agreement, a hearing will occur within fourteen days.
Can I File An Emergency Ex Parte Application For Custody During The COVID-19 Pandemic?
Yes. despite the court’s being generally closed, due to the emergency nature of these applications, the court is currently accepting and ruling upon these Applications.
Are Emergency Ex Parte Applications Of Custody E-Filed With The Court?
No. These applications may not be e-filed and must be hand-delivered to the clerk’s office.
If you believe that an emergency exists which presents an immediate and present risk of physical danger or psychological harm to your child(ren), you should immediately contact an attorney to explore filing an emergency ex parte application for custody. The attorneys at Broder Orland Murray & DeMattie LLC are experienced in both filing and defending against these applications.
