Arkansas Emergency Custody Motion

Q: What is an emergency custody order called in Arkansas?

Parents use an ex parte temporary restraining order under Ark. R. Civ. P. 65, or an ex parte temporary order of protection under Ark. Code Ann. 9-15-206, which can include temporary custody.

Q: What must I show an Arkansas court to get a temporary restraining order?

Specific facts in an affidavit or a verified complaint that clearly show immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition. The court decides whether the facts meet that standard.

Q: Do I have to notify the other parent before asking for an emergency order in Arkansas?

Rule 65 allows an order without notice only on the sworn showing above, and the movant's attorney must certify in writing any efforts made to give notice and why it should not be required. No hour or day notice deadline is stated in the rule.

Q: How soon is the hearing after an Arkansas emergency order?

Under Rule 65, the preliminary-injunction hearing is set at the earliest possible time. For a protective order issued ex parte, the order is effective until the full hearing under Ark. Code Ann. 9-15-204.

Q: How long does an Arkansas without-notice order last?

It expires at the time the court sets, not to exceed 14 days, unless before then the court extends it for good cause for a like period or the adverse party consents. A protective order issued ex parte lasts until the 9-15-204 hearing.

Q: Can the other parent challenge an Arkansas without-notice order?

Yes. The adverse party may move to dissolve the order on 2 days' notice or on shorter notice set by the court.

Q: Is there an official Arkansas form for an emergency custody motion?

Ask the court clerk whether your court requires or provides a form before you file.

Q: Can an Arkansas court act in an emergency if the child lives in another state?

Under Ark. Code Ann. 9-19-204, a court has temporary emergency jurisdiction if the child is present in Arkansas and either has been abandoned or it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: Where do I file an emergency custody motion in Arkansas?

Confirm the correct court, the filing fee and any fee waiver with the court clerk before you file.

Q: What if the child is being abused in Arkansas?

If the child is in immediate danger, call 911. You can report abuse to child protective services. A protective order under Ark. Code Ann. 9-15-206 may also be an option, and an ex parte order can award temporary custody. For non-emergency changes, see the modifying child custody guide.

Rule 65 no-notice order expires at a court-set time, up to 14 days, extendable for a like period

Find out where you stand in Arkansas

What is happening right now?

DocDraft provides document preparation, not legal advice.

Introduction

Ark. R. Civ. P. 65(b): a without-notice order needs an affidavit or verified complaint showing immediate and irreparable injury before the other parent can be heard. It lasts up to 14 days unless extended for good cause for a like period or by consent.

Key Things to Know

1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot protect a child in the moment.
2
A parent asks for a temporary restraining order under Ark. R. Civ. P. 65, or an ex parte temporary order of protection under Ark. Code Ann. 9-15-206. The court decides whether to grant either.
3
Under Rule 65, specific facts in an affidavit or a verified complaint must clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.
4
A without-notice order requires that the movant's attorney certify in writing any efforts made to give notice and the reasons why it should not be required. The other parent may move to dissolve the order on 2 days' notice or shorter notice set by the court.
5
A without-notice order expires at the time the court sets, not to exceed 14 days, unless the court extends it for good cause for a like period or by consent. A preliminary-injunction hearing is set at the earliest possible time.
6
A protective order route exists for domestic abuse: an ex parte order can award temporary custody or set temporary visitation, and lasts until the full hearing under Ark. Code Ann. 9-15-204. The standard is immediate and present danger of domestic abuse.
7
A court can act under Ark. Code Ann. 9-19-204 if the child is present in Arkansas and either has been abandoned or it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. Confirm the filing court and any fee with the court clerk.

Key decisions before you file

Before you file a Emergency Custody Motion in Arkansas, 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

Customize your Emergency Custody Motion Template with DocDraft

STATE OF ARKANSAS IN THE [COURT NAME] OF [COUNTY] COUNTY, ARKANSAS Case No. [CASE NUMBER] [MOVING PARTY NAME], Plaintiff/Defendant, v. [OTHER PARENT NAME], Plaintiff/Defendant.

MOTION FOR EX PARTE TEMPORARY RESTRAINING ORDER AND EMERGENCY TEMPORARY CUSTODY (ARK. R. CIV. P. 65)

The child is [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS] and is present in Arkansas.
Existing orders and cases: [CASE NUMBERS AND DATES OF CUSTODY, VISITATION OR PROTECTION ORDERS, OR NONE].
Emergency facts: On [DATE], [SPECIFIC FACTS OF THE HARM OR THREAT, WHO, WHAT, WHERE].
Immediate and irreparable injury: [HOW THE CHILD WILL BE HARMED BEFORE THE OTHER PARENT CAN BE HEARD IN OPPOSITION].

I ask the court to enter, in the alternative: [ALTERNATIVE A: TEMPORARY CUSTODY OF THE CHILD TO ME] [ALTERNATIVE B: VISITATION FOR THE OTHER PARENT ONLY IF SUPERVISED BY [NAME]] [ALTERNATIVE C: AN ORDER THAT THE OTHER PARENT NOT REMOVE THE CHILD FROM [COUNTY/STATE]] [ALTERNATIVE D: OTHER SPECIFIC TEMPORARY RELIEF: [SPECIFIC RELIEF REQUESTED]] and set a hearing at the earliest possible time.

Notice, in the alternative: [NOTICE A: I notified the other parent on [DATE] by [METHOD].] [NOTICE B: No notice was given. CERTIFICATION OF MOVANT'S ATTORNEY: I certify in writing the efforts made to give notice: [EFFORTS], and the reasons why notice should not be required: [REASONS]. Attorney: [ATTORNEY NAME AND BAR NUMBER]. Signature: ______________] Emergency jurisdiction, in the alternative: [JURISDICTION A: The child is present in Arkansas and emergency protection is needed under Ark. Code Ann. 9-19-204 because the child, or a sibling or parent, is subjected to or threatened with mistreatment or abuse: [FACTS].] [JURISDICTION B: NOT CLAIMED UNDER 9-19-204.]

AFFIDAVIT I, [YOUR NAME], being first duly sworn, state that the facts above are true and correct. Signature: ______________ Date: [DATE] Name: [YOUR NAME] Address: [ADDRESS] Phone: [PHONE] Subscribed and sworn before me on [DATE]. Notary public: [NAME]. My commission expires: [DATE].

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

Arkansas Requirements for Emergency Custody Motion

Temporary Restraining Order Under Rule 65
A parent may seek a temporary restraining order under Ark. R. Civ. P. 65.
Immediate and Irreparable Injury
Specific facts in an affidavit or verified complaint must clearly show immediate and irreparable injury, loss, or damage before the adverse party can be heard in opposition.
Affidavit or Verified Complaint
The motion needs an affidavit or verified complaint stating the specific emergency facts.
Notice Certification
For an order without notice, the movant's attorney certifies in writing any efforts made to give notice and the reasons it should not be required (Rule 65(b)(1)).
14-Day Limit on Without-Notice Orders
A without-notice order expires at the court-set time, not to exceed 14 days, unless extended for good cause for a like period or by consent (Rule 65(b)(2)).
Motion to Dissolve on 2 Days' Notice
The adverse party may move to dissolve the order on 2 days' notice or shorter notice set by the court.
Protective Order With Temporary Custody
An ex parte temporary order of protection under Ark. Code Ann. 9-15-206 may award temporary custody or set temporary visitation, effective until the 9-15-204 hearing.
Emergency Jurisdiction Under 9-19-204
A court has temporary emergency jurisdiction if the child is present in Arkansas and either has been abandoned or it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Frequently Asked Questions

What is an emergency custody order called in Arkansas?

What must I show an Arkansas court to get a temporary restraining order?

Do I have to notify the other parent before asking for an emergency order in Arkansas?

How soon is the hearing after an Arkansas emergency order?

How long does an Arkansas without-notice order last?

Can the other parent challenge an Arkansas without-notice order?

Is there an official Arkansas form for an emergency custody motion?

Can an Arkansas court act in an emergency if the child lives in another state?

Where do I file an emergency custody motion in Arkansas?

What if the child is being abused in Arkansas?

Find out where you stand in Arkansas

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Arkansas Requirements for Emergency Custody Motion

Temporary Restraining Order Under Rule 65

Immediate and Irreparable Injury

Affidavit or Verified Complaint

Notice Certification

14-Day Limit on Without-Notice Orders

Motion to Dissolve on 2 Days' Notice

Protective Order With Temporary Custody

Emergency Jurisdiction Under 9-19-204

Frequently Asked Questions