Iowa 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

   Iowa Code chapter 598 has no ex parte emergency custody rule. A temporary custody order under 598.10 requires at least five days' notice of hearing and an opportunity for the other parent to be heard. The court decides whether to grant any order.

3. 3

   For an ex parte request outside a domestic abuse case, Iowa uses the temporary injunction rules. Under Iowa R. Civ. P. 1.1502(1), the petition, supported by affidavit, must show relief is needed to restrain an act which "would greatly or irreparably injure" the plaintiff.

4. 4

   Under Rule 1.1507 the court may require reasonable notice. To proceed without notice, the applicant's attorney must certify in writing the efforts made to give notice or the reason notice should not be required. Ask the clerk how this applies if you represent yourself.

5. 5

   In a chapter 236 domestic abuse case, a court may enter an ex parte temporary order on good cause, meaning present danger of domestic abuse (Iowa Code 236.4(2)). The protective order may award temporary custody or visitation, and the plaintiff's filing fee and costs are waived.

6. 6

   A chapter 236 hearing must be held not less than five and not more than fifteen days after the proceeding begins. An after-hours emergency order under 236.6 expires 72 hours after issuance. A ch. 598 temporary order continues until the action is dismissed or a decree is entered, unless modified on a substantial change in circumstances. A ch. 236 protective order lasts up to one year and can be extended.

7. 7

   Iowa District Court handles these requests. Check the Iowa Judicial Branch court forms page and ask the clerk whether an official form applies to your emergency request. For domestic abuse, the ch. 236 protective-order route may apply; you can also report to child protective services. For non-emergency changes, see the modifying child custody guide.

Iowa Requirements for Emergency Custody Motion

• Five Days' Notice for Ch. 598 Orders

  No temporary custody order may be entered until at least five days' notice of hearing and opportunity to be heard is given to the other party (Iowa Code 598.10(2)).

• Ex Parte Relief Under Rule 1.1502

  The petition, supported by affidavit, must show relief is needed to restrain an act which would greatly or irreparably injure the plaintiff (Iowa R. Civ. P. 1.1502(1)).

• Notice Certification Under Rule 1.1507

  To proceed without notice, the applicant's attorney must certify in writing the efforts made to give notice or the reason notice should not be required (Iowa R. Civ. P. 1.1507).

• Ten-Day Hearing After Motion to Dissolve

  The enjoined party may move to dissolve an ex parte temporary injunction at any time, and a hearing must be held within ten days of that motion (Iowa R. Civ. P. 1.1509).

• Ch. 236 Present Danger Ex Parte Order

  In a chapter 236 domestic abuse case, a court may enter an ex parte temporary order on good cause, meaning present danger of domestic abuse, with a hearing 5 to 15 days after filing (Iowa Code 236.4).

• 72-Hour After-Hours Emergency Order

  A chapter 236 after-hours emergency order expires 72 hours after issuance, after which the plaintiff may seek a 236.4 temporary order (Iowa Code 236.6).

• Affidavit and Declaration of Facts

  The application states the child, existing orders, specific emergency facts, alternative temporary orders requested, notice given or why not, and a sworn affidavit.

• Emergency Jurisdiction Under 598B.204

  An Iowa court may act in an emergency when the child is present and abandoned, or protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.