Arizona Emergency Custody Motion

Q: What is Arizona's emergency custody order called?

Arizona uses a temporary order without notice under Rule 48 of the Arizona Rules of Family Law Procedure, with temporary orders generally available on motion under A.R.S. 25-404. Some courts, such as Pinal County, also call it an ex parte or emergency order.

Q: How long does an Arizona order without notice last?

It expires by its terms at the date and time set for the hearing, unless the court extends it for good cause. It is temporary and does not decide custody permanently.

Q: Does Arizona have an official form for an emergency custody motion?

Rule 48 calls for a separate verified motion or affidavit, a proposed form of order and a notice of hearing. Ask the Superior Court clerk or the court's self-help center whether a local form or packet applies in your county.

Q: Can an Arizona court act if my child was brought here from another state?

A.R.S. 25-1034 allows temporary emergency jurisdiction when the child is present in Arizona and either abandoned or in need of emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: Where do I file an Arizona emergency custody motion?

File in the Superior Court of the county handling your case. Pinal County's court says the motion is filed after or together with an initial petition. Ask the clerk about fees and any fee waiver.

Q: What if my child is in danger but I do not meet the Arizona standard?

If danger is immediate, call 911. For abuse, you may ask about an order of protection under A.R.S. 13-3602 and report to the Department of Child Safety. Pinal County's court also suggests an expedited hearing when Rule 48 is not met.

Rule 48 order without notice: irreparable injury shown; hearing within 10 days of entry

Find out where you stand in Arizona

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Introduction

Arizona calls it a temporary order without notice (Rule 48, Ariz. R. Fam. Law P.). A verified motion or affidavit must show irreparable injury to the moving party or a minor child of the party before the other party can be heard; hearing in 10 days of entry.

Key Things to Know

1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
2
Arizona's name for this request is a temporary order without notice, under Ariz. R. Fam. Law P. 48 and A.R.S. 25-404. Some courts also call it an ex parte or emergency order.
3
The standard: it must clearly appear from specific facts shown by affidavit or by the verified motion that irreparable injury will result to the moving party or a minor child of the party. The court decides whether that is met.
4
Notice may be dispensed with only if Rule 48(A) is met. The moving party must certify to the court, in writing, the efforts, if any, made to give notice or the reasons supporting the claim that notice should not be required.
5
The motion must be a separate verified motion or affidavit, filed with a proposed form of order and a notice of hearing. After the order issues, it and the notice of hearing must be served on the other party as soon as possible.
6
A hearing must be set within 10 days from entry of the order, unless extended by the court for good cause. The order expires by its terms at the date and time set for the hearing, unless extended for good cause.
7
Arizona may act in an emergency under A.R.S. 25-1034 when the child is present in the state and abandoned, or protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. File in Superior Court. For abuse, ask about an order of protection (A.R.S. 13-3602) and contact the Department of Child Safety. For ongoing changes, see the modifying child custody guide.

Key decisions before you file

Before you file a Emergency Custody Motion in Arizona, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

Open the Emergency Custody Motion guide

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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF [COUNTY]

[PARENT NAME], Petitioner, and CASE NO. [CASE NUMBER] [OTHER PARENT NAME], Respondent.

VERIFIED MOTION FOR TEMPORARY ORDERS WITHOUT NOTICE (RULE 48, ARIZONA RULES OF FAMILY LAW PROCEDURE)

Petitioner, [PARENT NAME], moves under Rule 48 and A.R.S. 25-404 for temporary orders without notice and states:

CHILD: [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS] in [COUNTY] County, Arizona.
EXISTING ORDERS AND CASES: [CASE NUMBER AND COURT OF EACH CUSTODY, PROTECTION ORDER OR CHILD SAFETY CASE, OR NONE].
EMERGENCY: [SPECIFIC FACTS OF WHAT HAS HAPPENED OR IS THREATENED, DATES, PLACES, WHO WAS PRESENT].
IRREPARABLE INJURY: It clearly appears from these specific facts that irreparable injury will result to Petitioner or the minor child before the other parent can be heard, because [FACTS].
TEMPORARY EMERGENCY JURISDICTION (IF APPLICABLE): [ ] The child is present in Arizona and Arizona is asked to act under A.R.S. 25-1034 because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse, as follows: [FACTS].

REQUESTED TEMPORARY ORDERS (ALTERNATIVES): [ ] A. Temporary legal decision-making and parenting time for the child awarded to Petitioner until the hearing. [ ] B. Parenting time for the other parent only as follows: SUPERVISED, LIMITED TERMS OR NONE UNTIL HEARING. [ ] C. An order that the other parent not HARM THE CHILD OR REMOVE THE CHILD FROM ARIZONA. [ ] D. Other: [REQUEST].

NOTICE CERTIFICATION (ALTERNATIVES): [ ] Notice was given to the other parent on [DATE] by [METHOD]. [ ] Notice was not given. Efforts made to give notice: [EFFORTS, OR NONE]. Reasons notice should not be required: [REASONS].

A proposed form of order and a notice of hearing are lodged with this motion. Petitioner will serve the order and notice of hearing on the other parent as soon as possible after the order issues.

VERIFICATION I declare under penalty of perjury that the foregoing is true and correct. Date: [DATE] Signature: ______________________ [PARENT NAME], [ADDRESS], [PHONE], [EMAIL]

CERTIFICATE OF SERVICE I certify that a copy of this motion and any order was served on [OTHER PARENT NAME] at [ADDRESS] by [METHOD] on [DATE]. Signature: ______________________

Arizona Requirements for Emergency Custody Motion

Verified motion or affidavit
Rule 48 requires a separate, verified motion or affidavit to seek a temporary order without notice.
Irreparable injury shown by specific facts
It must clearly appear from specific facts shown by affidavit or the verified motion that irreparable injury will result to the moving party or a minor child of the party before the other party can be heard.
Written notice certification
The moving party or attorney must certify in writing the efforts, if any, made to give notice or the reasons notice should not be required (Rule 48(A)).
Proposed order and notice of hearing
The motion is filed together with a proposed form of order and a notice of hearing.
Hearing within 10 days
A hearing must be set within 10 days from entry of the order, unless extended by the court for good cause; the order expires at the hearing time unless extended.
Temporary emergency jurisdiction
A.R.S. 25-1034 applies when the child is present in Arizona and abandoned, or needs emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Facts of the emergency
State dates, places, people present and what has happened or is threatened, so the court can assess the specific facts.
Service after issuance
The order and notice of hearing must be served on the other party as soon as possible after the order issues.

Frequently Asked Questions

What is Arizona's emergency custody order called?

What must I show an Arizona court to get an order without notice?

Does Arizona require notice to the other parent?

How soon is the hearing after an Arizona order without notice?

How long does an Arizona order without notice last?

Does Arizona have an official form for an emergency custody motion?

Can an Arizona court act if my child was brought here from another state?

Where do I file an Arizona emergency custody motion?

What if my child is in danger but I do not meet the Arizona standard?

Find out where you stand in Arizona

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Arizona Requirements for Emergency Custody Motion

Verified motion or affidavit

Irreparable injury shown by specific facts

Written notice certification

Proposed order and notice of hearing

Hearing within 10 days

Temporary emergency jurisdiction

Facts of the emergency

Service after issuance

Frequently Asked Questions