Ex Parte Emergency Child Custody Orders in Illinois

 Posted on October 12,2022 in Child Custody & Allocation of Parental Responsibility

In most situations, an Illinois family law judge will not make a decision regarding the custody of a child unless both parents are able to present their side/argument to the court. However, there are situations where the court will grant one parent temporary emergency custody based on that parent’s testimony alone, often without the other parent even being notified of the hearing if there are allegations that the child is in some kind of danger of abuse or neglect if they are left in the other parent’s care. These child custody orders are referred to as “ex parte” orders.

When Are Ex Parte Orders Issued?

As mentioned above, under normal circumstances, the court wants to hear from both parents – along with any witnesses they may have – as to what their preferred role in the allocation of parental responsibilities and parenting time should be.

Unfortunately, there are circumstances where one parent’s behavior or choices place the child in a dangerous and/or unhealthy living situation. It is in these situations that the court will allow a hearing where the other parent can present their allegations and evidence to the court showing that the parent is putting the child in danger, without the parent being present or even notified that a hearing is taking place. There is often a concern in these situations that if the allegedly abusive parent was aware of the hearing, they might take off with the child, creating an even more alarming and dangerous situation.

Ex Parte Order Process

If a parent thinks their child is in some kind of danger or is suffering mistreatment by the other parent, they should contact a skilled family law attorney. The attorney can file a petition with the court for an emergency temporary custody hearing. The attorney will then present the evidence to the court. If the court finds there is sufficient evidence that the child should be removed from the other parent’s custody, it will issue the order.

Since the order is usually for temporary emergency custody, a hearing for a permanent order will be scheduled in the future. At that hearing, both parents can present their arguments to the court.

Contact a Kane County Family Law Attorney

Ex Parte orders are important for protecting children from abuse and neglect at the hands of a parent. However, these orders and false allegations can also be used by parents with ulterior motives to keep their ex away from their children.

Whether you are a parent seeking a temporary emergency custody order or you are a parent whose ex has gained an ex parte order via false allegations, Weiler & Associates, Inc. can help. Call 630-331-9110 today to schedule a confidential consultation with a St. Charles, IL family lawyer.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072500050K112A-17.5

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000