Maryland 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 replace emergency help.

2. 2

   Maryland has no custody-specific emergency statute. Ex parte relief is requested by motion under Md. Rule 1-351, with Md. Rule 15-504 (TRO) and Md. Rule 1-204 (shorten time) also cited in Calvert County Circuit Court practice.

3. 3

   Calvert County practice requires a sufficient showing that there is an imminent risk of harm or harassment to a party or minor child, unless there is a sufficient showing that there will be an imminent loss of jurisdiction or removal of the child from the state. Purely speculative harm is not enough, and a verified affidavit is required.

4. 4

   Rule 1-351 sets no time limit for notice, but Calvert County practice requires that the opposing party be given 24 hours notice, unless the case falls under a valid exception under the Maryland Rules. The motion must include a written certification that notice was given.

5. 5

   In Calvert County, the court tells you whether it will take immediate action within 24 business hours of filing, and schedules the emergency hearing at the earliest possible time. Ask the clerk about hearing timing in your county and how long an emergency order lasts.

6. 6

   In Calvert County, an emergency motion is not granted unless a pleading for permanent relief was filed at the same time or earlier. CC-DR-004 Complaint for Custody is for cases with no previous custody order and is not an emergency form. File with the Circuit Court Clerk's Office in the county.

7. 7

   Under Md. Code, Fam. Law 9.5-204, a Maryland court has temporary emergency jurisdiction if the child is present in Maryland and 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. For abuse, a temporary protective order under Fam. Law 4-505 can award temporary custody for up to 7 days after service, and you can contact your local department of social services. For non-emergency changes, see the modifying child custody guide.

Maryland Requirements for Emergency Custody Motion

• Motion under Md. Rule 1-351

  Ex parte relief is requested by motion under Md. Rule 1-351, as applied in Circuit Court for Calvert County practice.

• Imminent risk of harm

  Calvert County practice requires a sufficient showing of imminent risk of harm or harassment to a party or minor child, or imminent loss of jurisdiction or removal of the child from the state.

• Verified affidavit

  A verified affidavit is required in Calvert County practice, citing Magness v. Magness, 79 Md. App. 668.

• Notice and written certification

  Calvert County practice requires 24 hours notice to the opposing party unless a valid exception under the Maryland Rules applies, with a written certification that notice was given.

• Pleading for permanent relief

  In Calvert County practice, an emergency motion is not granted unless a pleading for permanent relief was filed at the same time or before.

• Temporary emergency jurisdiction

  Md. Code, Fam. Law 9.5-204 applies when the child is present in Maryland and 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.

• Facts of the emergency

  State dates, places, people present and the specific harm threatened, in the affidavit.

• Specific temporary orders requested

  List each order sought, such as temporary custody, limited or supervised access, or a restraint, as separate alternatives.