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Custody battles over children can get pretty serious. Emotions can be intense. And in such moments, parents may wonder how to file an emergency custody order in New Jersey. The process to determine child custody can be long, especially when it is highly contentious. The latter specifically can be a cause of concern for many parents when they have a real concern about the welfare of their children when in the care of the other parent. For this reason, New Jersey law offers a potential solution: an emergency custody order. An emergency custody order will award a parent with custody of the child immediately or almost immediately––depending on the circumstances.
But there is a caveat: you must have a real fear for your child’s welfare while they are in the custody of the other parent, regardless of whether the other parent is the mother or father. Here, we explain what that fear means and then, how to go about successfully filing a request for emergency custody of your child in New Jersey.
What Are Grounds for Emergency Custody in New Jersey?
New Jersey Courts Prefer to Keep Children with Parents
The first thing to know about courts in New Jersey is this: they mostly encourage both parents to build strong relationships with their children. Sometimes, though, parent/child relationships are marred by abuse, neglect, or other harm.
So, the second thing to know about New Jersey courts is what has already been mentioned: if you fear for your child, you can request the court to give you emergency custody. When you fear that the other parent will cause immediate or irreparable harm to your child, an emergency custody order is a temporary solution that can, in some circumstances, become permanent.
Emergency custody only works when there are grounds for it, and you can prove it. The burden to prove immediate or irreparable harm, however, is a high one. You must prove it with clear and convincing evidence. This burden is less than the criminal burden to prove guilt beyond a reasonable doubt but more than in most civil cases where proof by a preponderance of the evidence is sufficient.
Grounds for Emergency Custody in New Jersey
- The parent is in police custody.
- The parent has been incarcerated.
- The child has been taken to another state or country without the permission of the other parent or relevant court, known as parental kidnapping.
- The parent has threatened to remove the child from New Jersey.
- The parent has physically, sexually, or mentally abused the child.
- Someone else living with the parent has physically, sexually, or mentally abused the child.
- The living situation at the parent’s residence has undergone an adverse change (e.g., utilities have been terminated).
- The parent abuses a chemical substance (or someone else in the home), and the child has been exposed to the substance abuse.
Examples of Evidence to Prove Immediate or Irreparable Harm
- Any current or prior restraining orders
- Eyewitness testimony
- Expert testimony
- Pictures, videos, text messages, and other digital forms of proof indicating abuse, neglect, or plans to kidnap a child
- Any reports, from doctors, teachers, etc.
- Police reports
Keep in mind that if you request emergency custody but do not have a good reason or, worse, lie about it, a judge will not look kindly on you for it. In fact, it can have an adverse effect on future custody determinations.
If you legitimately fear for your child, you can request emergency custody, and you can do it without an attorney. In our experience, however, most parents are too fearful, too worried, and too pre-occupied to do it themselves. Courts would rather not grant emergency custody because, as noted earlier, they want parents to build relationships with their children.
If you don’t complete the forms properly and do not provide sufficient evidence and arguments, you may lose your case.
Having an aggressive attorney who knows the process and the law dramatically increases the odds of success. The latter is important to keep in mind because we aren’t just talking about your safety and wellbeing but that of your children.
How to File an Emergency Custody Order in New Jersey
Knowing how to file and emergency custody order in New Jersey can be an essential step to protecting the well-being of your children. The process to request emergency custody is the same regardless of which county in New Jersey you reside—it could be Bergen County or any other. The forms to file, however, vary slightly depending on whether you file under the Dissolution docket (FM), where the filer seeks or sought divorce; Domestic Violence docket (FV), where the filer and/or the filer’s child has been and/or continues to be a victim of domestic violence; or Non-dissolution docket (FD), where the filer, who was never married to the other parent, seeks custody and/or child support.
Below are more details on the forms required to file an emergency custody order in New Jersey.
Dissolution Docket (FM)
- Emergent Application – Order to Show Cause (CN 11523)
- Order to Show Cause (CN 12547)
- Additional Information Form, if necessary to further explain why your case is an emergency
- Initial Application/Cross Application, if filing for divorce
- Application/Cross Application to Modify a Court Order (CN 10483), if a divorce is pending or already ordered by the court
Domestic Violence Docket (FV)
- Emergent Application – Order to Show Cause (CN 11523)
- Order to Show Cause (CN 12547)
- Additional Information Form, if necessary to further explain why your case is an emergency
Non-Dissolution Docket (FD)
- Emergent Application – Order to Show Cause (CN 11523)
- Order to Show Cause (CN 12547)
- Verified Complaint (CN 11492), if you have not already filed for custody or child support
- Post-disposition application (CN11487), if you have already filed for custody or child support
- Additional Information Form, if necessary to further explain why your case is an emergency
Filing the Documents
Once these forms are completed and the appropriate documentation is attached, you have a few ways to file them.
- You can e-file through the New Jersey Court website.
- You can hand-deliver them to the Superior Court Family Division of your local county court.
- You can mail your forms to the Superior Court Family Division in the county in which you reside.
There is no fee if this is your first time, but there is a $25 fee if you are requesting a modification and a separate $6 fee if you seek child support.
Domestic Violence and Emergency Custody in New Jersey
When you are the victim of domestic violence, oftentimes in New Jersey, the non-abusive parent will be granted temporary physical custody of any children shared with the alleged abusive parent. You do not have to file a separate emergency custody order but receive it when a domestic violence restraining order is issued.
If you are the victim of domestic violence, we can help you with any legal matters you have.
For your child’s and your immediate safety, you can contact the New Jersey Domestic Violence Hotline at 800-572-SAFE (7233).
For more information on other services, see the Department of Children and Families website devoted to Domestic Violence Services.
What Happens after Filing for Emergency Custody in New Jersey?
After filing the forms for emergency custody in New Jersey, an emergent hearing will be set within hours or a few days, depending on the circumstances. A judge will decide if a temporary custody order should be issued. Then, another hearing will be scheduled to remove the temporary order, make it permanent, or issue a new custody order altogether—whichever option the judge deems is in the best interests of the child. Sometimes, the matter may go to trial. In either case, the other parent has an opportunity to defend themselves while you must “show cause” for the emergency custody.
To be successful, the parent seeking emergency custody must be able to satisfy the Crowe Standard (Crowe v. DeGioia, 90 N.J. 126 (1982)). The Supreme Court, in the latter case, acknowledged that when extraordinary remedies of preliminary relief are sought (as they are in emergency custody cases), four factors must be satisfied:
- The requested relief must be necessary to prevent irreparable harm.
- The legal rights underlying the claims must be settled.
- There is a reasonable probability of ultimate success on the merits.
- The relative hardship to the parties in granting or denying relief favors granting the relief.
Also, recall that clear and convincing evidence must be used to establish your claims and satisfy these four elements.
Who Can File for Emergency Custody in NJ?
Who can file for emergency custody in NJ varies, depending upon the situation. In New Jersey, it is typically one of the parents who files for emergency custody from the other parent. Generally, you and the child must be residents of New Jersey. There is an exception: if you are not a New Jersey resident, you can still request emergency custody in situations where your child was kidnapped by the other parent and taken to New Jersey (and is still in New Jersey).
In limited situations, a grandparent may request emergency custody. In other circumstances when there is neglect or abuse by the parent(s), the New Jersey Division of Child Protection and Permanency (DCPP) may file for emergency or temporary placement of the child in foster care.
How Long Does It Take to Get Emergency Custody in Bergen County?
For many family law matters, the time it takes to get something done depends on how busy the courts are. Bergen County courts are fairly busy all the time, but in cases of emergencies, the wait is minimal. Once an Emergent Application/Order to Show Cause is filed, you can expect to have a hearing that same day or within a few days but not longer than three days. The nature and circumstances of the situation dictate how soon a hearing is held.
In some cases, an emergency custody order is granted immediately without a hearing. In those cases, the parent typically already has a restraining order against the other parent.
For How Long Is an Emergency Custody Order Good?
The emergency custody order, if issued, can last for several days or weeks, up until the second hearing is scheduled. At the second hearing, the judge will determine if the emergency custody order becomes permanent or not. If it becomes permanent, then it will remain in effect until a modification is requested and granted.
Contact Experienced and Trusted Hackensack Emergency Custody Lawyers Today
The lawyers at MR. Men’s Rights Divorce & Family Law of New Jersey by Schultz & Associates, LLC know the law and understand your concerns. We are here to help you in any family law or child custody matter, especially those matters that concern your children. An Emergency Custody Order is one of these serious matters, and so we will aggressively pursue your rights and what’s in the best interests of your children. Contact us today at (201) 880-9770 to schedule a consultation and get the legal representation you and your family deserve.
Carrie S. Schultz, Esq. – author
Thank you for visiting our site. We realize that if you are reading this, you or someone you know is having marital or family difficulties. We truly understand how unsettling that can be for all involved. I personally want to invite you to explore the website which contains a lot of informational and educational items which I hope is of benefit to you. I also welcome you to contact us to schedule a consultation to discuss your matter in greater detail. Our firm philosophy is to always remain committed to providing our clients with the best service, care, guidance, communication, and legal advice possible for your particular situation. We take seriously you entrusting us with your legal matter. Happy researching! Attorney Bio
