Idaho 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 protect a child in the moment.

2. 2

   Idaho calls the emergency request a Temporary Order Issued Without Notice under Idaho Rules of Family Law Procedure (IRFLP) Rule 505, filed as a motion for temporary orders under Rule 504. The family rules do not use the label ex parte. The court decides whether to grant it.

3. 3

   The standard: specific facts in an affidavit or a verified motion must clearly show that immediate and irreparable injury, loss, or damage will result to the moving party or minor child before the responding party can be heard in opposition.

4. 4

   Ordinary motions require notice, and a regular motion is served at least 14 days before the hearing. A Rule 505 order may issue without written or oral notice only if the requirements are met, and you must certify in writing any efforts made to give notice and why notice should not be required.

5. 5

   After a no-notice order, serve the motion, affidavits and order within 5 days of entry or 2 days before the hearing, whichever is sooner. You must also submit a proposed order.

6. 6

   Idaho sets no fixed day count for the hearing: it is held at the earliest possible time, and the order must state its date and time. The order lasts a fixed period not to exceed 14 days, and may be extended for good cause for up to 14 more days, or longer if the other parent consents. The other parent may get a continuance of up to 14 days and may move to dissolve the order on 2 days' notice.

7. 7

   Ask the court clerk whether Idaho has an official form for this motion and whether any form is required. Fee waiver forms CAO FW 1-9 and CAO FW 1-10 exist. For abuse, report to child protective services (Idaho Code 16-1605) and ask about a protection order (Idaho Code 39-6308). For non-emergency changes, see the modifying child custody guide.

Idaho Requirements for Emergency Custody Motion

• Temporary Order Without Notice (IRFLP 505)

  Idaho allows a temporary order without written or oral notice only if the requirements of IRFLP Rule 505 are met.

• Immediate and Irreparable Injury

  Specific facts in an affidavit or verified motion must clearly show immediate and irreparable injury, loss, or damage to the moving party or minor child before the responding party can be heard in opposition.

• Certification of Notice Efforts

  The moving party must certify in writing any efforts made to give notice and the reasons notice should not be required (Rule 505(a)(2)).

• Proposed Order

  The moving party must submit a proposed order with the motion (Rule 505(a)(3)).

• Serve Within 5 Days or 2 Days Before Hearing

  Serve the motion, affidavits and order within 5 days of entry or 2 days before the hearing, whichever is sooner (Rule 505(b)(5)(B)).

• Order Lasts Up to 14 Days

  The order is effective for a fixed period not to exceed 14 days, extendable for good cause for up to 14 more days, or longer if the responding party consents.

• Hearing at the Earliest Possible Time

  The hearing is held at the earliest possible time and the order must state its date and time. The responding party may get a continuance of up to 14 days.

• Emergency Jurisdiction Under Idaho Code 32-11-204

  An Idaho court has temporary emergency jurisdiction if the child is present in Idaho and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. If there is no prior custody determination or proceeding, the order lasts until a state with jurisdiction issues one; otherwise the court must specify an adequate period. The courts must communicate immediately.