Emergency Custody Orders in Utah
When a child is in immediate danger or faces a serious risk of harm, Utah courts can issue an emergency custody order. These orders move quickly and can temporarily change custody, sometimes without the other parent present, to protect the child first and sort out legal disputes second.
Gibb Law Firm is a Utah-based firm that regularly helps parents and caregivers navigate urgent custody situations. This overview explains when emergency custody may be available, how the process works under Utah family law, what evidence courts expect, and the next steps once an emergency order is entered.
What Is an Emergency Custody Order in Utah?
An emergency custody order often requested through an ex parte motion, is a short-term court order that immediately changes custody or parent-time when a child is at risk of immediate and irreparable harm. Utah courts use these orders sparingly and expect detailed, fact-specific evidence.
Emergency custody is about safety, not strategy. Judges look for proof that a child’s physical safety or emotional well-being is in real and current danger not just that parents disagree about parenting styles or schedules.
Orders are temporary and fast-moving. Emergency orders are meant to stabilize a dangerous situation for a short period until a full hearing can be held with both parents present.
Evidence matters more than accusations. Courts expect specific facts, documents, and sometimes third-party reports, not just general claims that the other parent is “unsafe” or “unstable.”
Follow-up hearings are required. Utah law requires the court to give both sides a chance to be heard soon after an emergency order is entered, usually within days or a few weeks.
Watch: How to File for Emergency Custody in Utah
This Utah attorney video walks through the basic process of filing for emergency custody, the forms you may need, and what judges look for in urgent situations.
Key Definitions and Utah Statutes
Emergency custody orders exist within Utah’s broader custody and protective-order framework. A few key concepts help explain how everything fits together.
Ex parte order: An order entered without first notifying the other parent, used only when giving advance notice could put the child at risk or defeat the purpose of the order.
Temporary order: A short-term order that remains in place while a divorce, parentage, or custody case is pending. An emergency order often converts into a temporary order after a hearing.
Immediate and irreparable harm: The legal standard Utah judges look at in deciding whether emergency relief is necessary, often drawn from Utah Rule of Civil Procedure 65A and Utah custody statutes.
Relevant statutes: Emergency custody decisions are guided by provisions in Utah Code § 30-3-10 (best interests of the child), Utah’s protective order statutes when domestic violence is involved, and the Utah Rules of Civil Procedure regarding emergency relief.
What Really Counts as an “Emergency” in Court
Not every concerning situation qualifies as a legal emergency. Courts distinguish between serious but non-urgent issues and conditions that put a child at immediate risk. Understanding this difference can prevent you from filing a weak emergency motion that harms your credibility.
Judges tend to view situations such as ongoing domestic violence, severe substance abuse around the child, abandonment, or credible threats of kidnapping as more likely to justify emergency relief than ordinary parenting conflicts.
This reel from a family-law firm explains why they refused to file a client’s emergency custody motion, illustrating the difference between a stressful situation and a legally recognized emergency.
Typical Court Procedures for Emergency Custody in Utah
Every case is unique, but most emergency custody requests in Utah follow a similar pattern. Understanding the basic steps can help you plan and respond quickly, whether you are requesting or responding to an emergency order.
Filing the Emergency Motion
A parent (or sometimes a grandparent or other caregiver in limited circumstances) files a motion asking the court for emergency custody, along with a sworn declaration and supporting evidence. The motion usually explains what has changed and why waiting for a regular hearing would put the child at risk.
Judge’s Initial Review (Ex Parte)
The judge reviews the motion and evidence without a full hearing. The court can deny the request, schedule a prompt hearing, or grant emergency relief temporarily. If relief is granted, the judge may limit contact, order supervised visits, or temporarily change primary physical custody.
Service and Notice to the Other Parent
Once an emergency order is entered, the other parent must be notified quickly. Proper service is critical so the court can move ahead to a contested hearing with both sides present.
Follow-Up Hearing
The court holds a short-term hearing often within days or a few weeks, to decide whether to keep, modify, or terminate the emergency order. Both parents can present testimony, documents, and witness statements at this stage.
Transition to Temporary or Long-Term Orders
After considering the evidence, the judge may convert the emergency order into a longer-term temporary order, return to the prior custody arrangement, or put a new parenting-time structure in place while the underlying case continues.
How Ex Parte Emergency Hearings Work
Ex parte hearings are different from standard custody hearings. They are narrower in scope and focused almost entirely on immediate safety, not long-term parenting plans. Judges often prefer to make the least drastic change needed to protect the child until a full hearing can be held.
Watch: Inside an Ex Parte Emergency Hearing
This attorney explains what actually happens in emergency and ex parte hearings, including what courts can and cannot do at that stage.
How Emergency Orders Fit Into the Bigger Custody Picture
Emergency custody is only one snapshot in a longer legal process. Even when an emergency order is granted, Utah courts eventually shift back to the broader questions of long-term legal custody, physical custody, and parent-time schedules.
Many families move from the emergency stage into more collaborative paths, such as temporary orders, mediation, or negotiated parenting plans that better reflect the child’s needs over time.
This reel gives helpful context on uncontested custody cases, which is useful for understanding how emergency orders eventually tie into more routine Utah custody arrangements.
Required Forms and Filings
Parents often feel overwhelmed by the paperwork involved in emergency custody. While specific forms may vary by court and case type, most emergency motions in Utah include several core filings.
Motion for Temporary Custody with Emergency Relief: The formal request that explains the relief you are seeking and why it must be granted on an emergency basis.
Sworn Declaration or Affidavit: A signed statement under oath setting out specific facts: dates, incidents, threats, injuries, police involvement, and other details the judge needs to evaluate risk.
Supporting Evidence: Screenshots, text messages, social media posts, police or DCFS reports, medical records, photographs, and prior court orders showing the danger to the child or pattern of behavior.
Proposed Order: A draft order for the judge to sign, spelling out the specific emergency terms requested such as temporary sole physical custody, supervised visits, or restraints on relocation.
Underlying Petition or Case: In many situations, emergency relief must be tied to an existing or newly filed case, such as a divorce, parentage, or custody action.
Challenging or Changing an Emergency Custody Order
If you are on the receiving end of an emergency custody order, you still have rights and opportunities to be heard. The follow-up hearing is your chance to present your side of the story, offer alternate explanations, and show the court why the order should be modified or lifted.
Parents who were not notified before an ex parte order was entered should work quickly to gather evidence, follow the order’s terms, and prepare to explain their perspective in a calm, fact-focused way.
Watch: Overturning an Emergency Temporary Custody Order
This video from Utah Family Law TV explains how a parent can challenge an emergency temporary custody order and what kinds of proof can persuade the court to modify it.
Common Mistakes to Avoid
Because emotions are high in emergency situations, it is easy to make decisions that hurt your case. Avoiding a few common mistakes can improve your credibility with the court and protect your child.
Using emergency motions as leverage in a custody dispute: Judges quickly lose patience when they sense a parent is exaggerating or inventing emergencies to gain an advantage rather than to protect a child.
Providing vague or unsupported claims: Statements like “the other parent is unsafe” carry little weight without dates, examples, documentation, or third-party reports to support them.
Not preparing for the follow-up hearing: Securing an emergency order is only the first step. Failing to organize evidence and witnesses for the next hearing can cause the judge to roll back or change the order.
Ignoring less drastic options: In some cases, a protective order, supervised parent-time, or expedited temporary-orders hearing may be more appropriate than a full emergency change to custody.
Speaking negatively about the other parent to the child: Utah courts focus on the child’s best interests. Exposing children to conflict or pressuring them to “choose sides” can backfire legally and emotionally.
Temporary Orders vs Emergency Temporary Orders
It is easy to confuse ordinary temporary orders with emergency temporary orders. Temporary orders are common in Utah divorce and custody cases and are usually entered after both sides have notice and an opportunity to be heard.
Emergency temporary orders are much narrower and are focused on immediate safety. They are the exception, not the rule.
This short reel helps distinguish between ordinary temporary orders and true emergency temporary orders, reinforcing that not every disagreement qualifies as an emergency.
Next Steps After an Emergency Custody Order Is Entered
Once an emergency custody order is in place, the focus shifts to stabilizing the situation and preparing for the hearings and decisions that come next.
Related Utah Custody and Parenting Resources
Emergency custody orders are just one piece of Utah’s larger child-custody framework. These resources can help you understand how emergency decisions connect to long-term parenting plans.
Talk to Gibb Law Firm About Emergency Custody in Utah
If you believe your child is in immediate danger or if an emergency custody order has been filed against you, getting clear legal advice quickly is critical. Gibb Law Firm helps Utah parents understand their options, prepare strong evidence, and navigate urgent hearings with a plan.
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