Connecticut Emergency Custody Motion
Immediate and present risk of physical danger or psychological harm; hearing set within 14 days.
Find out where you stand in Connecticut
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Introduction
Conn. Gen. Stat. 46b-56f: an emergency ex parte order of custody requires a sworn affidavit and a belief that an immediate and present risk of physical danger or psychological harm exists. If ordered ex parte, the court must schedule a hearing within 14 days.
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
Connecticut calls it an emergency ex parte order of custody, under Conn. Gen. Stat. 46b-56f. You apply to the Superior Court, and the court decides whether to grant it.
- 3
The application is for a person who believes an immediate and present risk of physical danger or psychological harm to the child exists. The court may issue the order on finding such a risk, before or after a hearing.
- 4
The application must come with an affidavit made under oath stating the conditions requiring an emergency ex parte order and that the order is in the best interests of the child.
- 5
There is no statutory notice requirement before filing, but the affidavit must state the actions taken to inform the other parent or, if none were taken, the reasons the court should consider the application ex parte.
- 6
If relief is ordered ex parte, the court must schedule a hearing not later than 14 days after the order. The other parent must be served with the application, affidavit and any ex parte order at least 5 days before the hearing.
- 7
Connecticut has official forms: JD-FM-222, Application for Emergency Ex Parte Order of Custody, with JD-FM-164, Affidavit Concerning Children, attached. For abuse concerns, ask about a protective order under 46b-15 and tell child protective services. For non-emergency changes, see the modifying child custody guide.
Key decisions before you file
Before you file a Emergency Custody Motion in Connecticut, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.
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Connecticut Requirements for Emergency Custody Motion
Emergency Ex Parte Order of Custody
Connecticut allows an application to the Superior Court for an emergency ex parte order of custody under Conn. Gen. Stat. 46b-56f.
Immediate and Present Risk
The applicant must believe an immediate and present risk of physical danger or psychological harm to the child exists, and the court may issue the order on finding such a risk.
Sworn Affidavit With the Application
The application must be accompanied by an affidavit made under oath stating the conditions requiring an emergency order and that the order is in the child's best interests.
Actions to Inform the Respondent
The affidavit must state the actions taken to inform the other parent or, if none were taken, the reasons the court should consider the application ex parte.
Hearing Within 14 Days
If relief is ordered ex parte, the court must schedule a hearing not later than 14 days after the date of the order.
Service at Least 5 Days Before Hearing
The respondent must be served with the application, affidavit and any ex parte order not less than 5 days before the hearing (46b-56f(d)).
Official Forms JD-FM-222 and JD-FM-164
Connecticut has the Application for Emergency Ex Parte Order of Custody, JD-FM-222, with the Affidavit Concerning Children, JD-FM-164, attached.
Emergency Jurisdiction Under 46b-115n
A Connecticut court has temporary emergency jurisdiction if the child is present and abandoned, or protection is needed because the child, a sibling or a parent is abused or mistreated or threatened with it.