Alabama Emergency Custody Motion

Introduction

Key Things to Know

1. 1

   If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.

2. 2

   Alabama has no dedicated emergency custody statute. The tools are a temporary restraining order without notice under Ala. R. Civ. P. 65(b), pendente lite custody orders under Ala. Code 30-3-1, and an ex parte protection order under Ala. Code 30-5-7.

3. 3

   Rule 65(b) allows a restraining order without written or oral notice only if it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party's attorney can be heard in opposition.

4. 4

   Notice may be dispensed with only on that showing, and the applicant's attorney must certify to the court in writing the efforts, if any, made to give notice and the reasons supporting the claim that notice should not be required. The rule sets no fixed hour or day count for notice.

5. 5

   A motion for a preliminary injunction is set for hearing at the earliest possible time. A restraining order expires within the time the court fixes, not to exceed 10 days, but the 10-day limit does not apply in domestic relations cases. It can be extended for good cause or by consent, and the other parent may move to dissolve it on 2 days' notice. The court decides whether to grant any order.

6. 6

   Under Ala. R. Civ. P. 65(c), the security requirement for a restraining order may be waived in domestic relations cases. The court decides.

7. 7

   Rule 65 does not apply in the district courts. Confirm with the clerk which court hears your request. For abuse, Alabama also provides an ex parte protection order under Ala. Code 30-5-7. For non-emergency changes, see DocDraft's modifying-child-custody guide.

Alabama Requirements for Emergency Custody Motion

• Affidavit or verified complaint

  Ala. R. Civ. P. 65(b) requires specific facts shown by affidavit or by the verified complaint before an order can issue without notice.

• Immediate and irreparable injury

  The facts must clearly show that immediate and irreparable injury, loss, or damage will result before the other side can be heard in opposition.

• Attorney certification of notice efforts

  The applicant's attorney must certify in writing the efforts, if any, made to give notice and the reasons notice should not be required (Rule 65(b)).

• Hearing at the earliest possible time

  A motion for a preliminary injunction is set for hearing at the earliest possible time. The 10-day order limit does not apply in domestic relations cases.

• Security may be waived

  Under Ala. R. Civ. P. 65(c), security may be waived in domestic relations cases.

• Facts of the emergency

  State dates, places, people present and the specific harm threatened, in the sworn affidavit.

• Specific temporary orders requested

  List each order sought, such as temporary custody, limited or supervised parenting time, or a restraint, as separate alternatives.

• Notice given or reason it was not

  State the date and method of notice to the other parent, or the facts showing why notice should not be required.