Massachusetts Emergency Custody Motion

Q: What is the Massachusetts name for an emergency custody request?

It is a motion for temporary orders in the Probate and Family Court. In modification actions, G.L. c. 208 s. 28A governs temporary orders and requires an emergency for a no-notice order. A protective order under G.L. c. 209A is a separate route that can include temporary custody.

Q: What must I show a Massachusetts court for an emergency custody order?

Under c. 208 s. 28A in modification actions, findings of fact showing injury, harm or damage reasonably expected if relief is not granted, and an emergency for a no-notice order. Under c. 209A s. 4, a substantial likelihood of immediate danger of abuse. An affidavit is required. The court decides.

Q: Does Massachusetts require notice to the other parent before a temporary custody order?

In a modification action under c. 208 s. 28A, yes: the motion is on notice to the other party, unless the court finds that an emergency exists, the nature of which requires the court to act before the opposing party or parties can be heard in opposition. Written notice of the order, the reasons and the hearing date, time and place must then be given.

Q: How soon is the hearing after a Massachusetts ex parte custody order?

Under c. 209A s. 4, no later than ten court business days after ex parte orders. Under c. 208 s. 28A, the hearing on continuation is on the date set in the notice given to the opposing party.

Q: How long does a Massachusetts no-notice custody order last?

Under c. 208 s. 28A, a no-notice order in a modification action is for a period not to exceed five days. Under c. 209A, an ex parte order lasts until the hearing.

Q: Which Massachusetts forms do I use for temporary orders?

Mass.gov lists the Motion for Temporary Orders (CJD 400), an Affidavit and a Proposed Order. Ask the Probate and Family Court clerk whether CJD 400 is required before filing.

Q: Can a Massachusetts court act if the child is only temporarily in the state?

Under G.L. c. 209B s. 2(a)(3), a court may act if the child is physically present and abandoned, or it is necessary in an emergency to protect the child from abuse or neglect or for other good cause shown.

Q: Can I keep my child from the other parent while I wait for a Massachusetts court?

Ask the court for the specific temporary orders you need rather than acting on your own. If a child is in danger, call 911.

Modification actions: emergency no-notice order, 5-day cap; 209A hearing in 10 court business days

Find out where you stand in Massachusetts

What is happening right now?

DocDraft provides document preparation, not legal advice.

Introduction

Massachusetts uses a motion for temporary orders. In modification actions, G.L. c. 208 s. 28A allows a no-notice order only on an emergency finding, for up to five days. Under c. 209A s. 4, a hearing follows within ten court business days of an ex parte order.

Key Things to Know

1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
2
Massachusetts calls this a motion for temporary orders in the Probate and Family Court (G.L. c. 208 s. 28A for modification actions). The official Motion for Temporary Orders (CJD 400), an Affidavit and a Proposed Order are listed by Mass.gov.
3
Under c. 208 s. 28A, in a modification action a no-notice order may only be entered if the court finds that an emergency exists, the nature of which requires the court to act before the opposing party or parties can be heard in opposition. The court decides whether to grant any order.
4
Under c. 208 s. 28A, in a modification action the motion is ordinarily made on notice to the other party. Written notice of any no-notice order, the reasons for it, and the hearing date, time and place must be given to the opposing party.
5
A no-notice order under c. 208 s. 28A in a modification action is for a period not to exceed five days. Under c. 209A s. 4, the hearing follows no later than ten court business days after ex parte orders, and the order lasts until the hearing.
6
For abuse, a protective order under G.L. c. 209A can include temporary custody (s. 3) and can be entered without notice if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse (s. 4). It is available in District, BMC, Superior, Probate and Family Courts.
7
Massachusetts temporary emergency jurisdiction is in G.L. c. 209B s. 2(a)(3): the child is present and abandoned, or emergency action is necessary to protect the child from abuse or neglect or for other good cause shown. File in the Probate and Family Court in the county where the child lives, or the divorce county; the fee is $115. For non-emergency changes, see the modifying child custody guide.

Key decisions before you file

Before you file a Emergency Custody Motion in Massachusetts, 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

Mass.gov lists the official Motion for Temporary Orders (CJD 400), an Affidavit and a Proposed Order; ask the clerk whether they must be used. Use this worksheet to prepare the facts for them.

COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT, PROBATE AND FAMILY COURT DEPARTMENT [COUNTY] DIVISION DOCKET NO. [DOCKET NUMBER OR NEW CASE]

[PARENT NAME], Plaintiff/Petitioner v. [OTHER PARENT NAME], Defendant/Respondent

MOTION FOR TEMPORARY ORDERS (EMERGENCY), WITH AFFIDAVIT

CHILD: [CHILD NAME], born [DATE OF BIRTH], living at [ADDRESS], [CITY], Massachusetts.
EXISTING ORDERS AND CASES: [DOCKET NUMBER AND COURT OF EACH CUSTODY, ABUSE PREVENTION OR DCF MATTER, OR NONE].
EMERGENCY: [FACTS OF WHAT HAS HAPPENED OR IS THREATENED, DATES, PLACES, WHO WAS PRESENT].
HARM EXPECTED IF RELIEF IS NOT GRANTED: [FACTS SHOWING INJURY, HARM OR DAMAGE REASONABLY EXPECTED].
TEMPORARY EMERGENCY JURISDICTION, G.L. c. 209B, s. 2(a)(3): [FACTS SHOWING THE CHILD IS PHYSICALLY PRESENT IN MASSACHUSETTS AND EITHER ABANDONED, OR EMERGENCY PROTECTION FROM ABUSE OR NEGLECT OR OTHER GOOD CAUSE IS NEEDED, OR NOT APPLICABLE].

TEMPORARY ORDERS REQUESTED (ALTERNATIVES): [ ] A. Temporary custody of the child to Movant until the hearing. [ ] B. Parenting time for the other parent only as follows: SUPERVISED, LIMITED TERMS OR NONE UNTIL THE HEARING. [ ] C. An order that the other parent not HARM THE CHILD OR REMOVE THE CHILD FROM MASSACHUSETTS. [ ] D. Other: [REQUEST].

NOTICE (ALTERNATIVES): [ ] A. Notice of this motion was given to the other parent on [DATE] by [METHOD]. [ ] B. (Modification action under G.L. c. 208, s. 28A only) No advance notice was given because an emergency exists that requires the court to act before the other parent can be heard: [FACTS].

SIGNED UNDER THE PENALTIES OF PERJURY I, [PARENT NAME], state that the facts above are true to the best of my knowledge. Date: [DATE] ______________________ [PARENT NAME] [ADDRESS, PHONE, EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a copy of this motion was sent by [METHOD] to [OTHER PARENT OR COUNSEL, ADDRESS]. [ ] (Modification action under G.L. c. 208, s. 28A only) No service was made before filing because an emergency exists that requires the court to act before the other parent can be heard: [FACTS]. ______________________ [PARENT NAME]

Massachusetts Requirements for Emergency Custody Motion

Emergency finding for no-notice order
In a modification action under G.L. c. 208 s. 28A, a no-notice order may only be entered if the court finds that an emergency exists that requires the court to act before the opposing party can be heard.
Five-day limit on no-notice order
A no-notice order under c. 208 s. 28A in a modification action is for a period not to exceed five days.
Written notice after no-notice order
In a modification action, written notice of a no-notice order, the reasons and the hearing date, time and place must be given to the opposing party (c. 208 s. 28A).
Substantial likelihood of immediate danger
Under c. 209A s. 4, ex parte temporary relief requires a substantial likelihood of immediate danger of abuse, with a hearing no later than ten court business days after.
Temporary emergency jurisdiction
G.L. c. 209B s. 2(a)(3) applies when the child is present and abandoned, or emergency action is necessary to protect the child from abuse or neglect or for other good cause shown.
Facts of the emergency
State dates, places, people present and the specific harm expected, in the affidavit.
Specific temporary orders requested
List each order sought, such as temporary custody, limited or supervised parenting time, or a restraint, as separate alternatives.

Frequently Asked Questions

What is the Massachusetts name for an emergency custody request?

What must I show a Massachusetts court for an emergency custody order?

Does Massachusetts require notice to the other parent before a temporary custody order?

How soon is the hearing after a Massachusetts ex parte custody order?

How long does a Massachusetts no-notice custody order last?

Which Massachusetts forms do I use for temporary orders?

Can a Massachusetts court act if the child is only temporarily in the state?

Where do I file an emergency custody motion in Massachusetts?

Can I keep my child from the other parent while I wait for a Massachusetts court?

Find out where you stand in Massachusetts

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Massachusetts Requirements for Emergency Custody Motion

Emergency finding for no-notice order

Five-day limit on no-notice order

Written notice after no-notice order

Substantial likelihood of immediate danger

Temporary emergency jurisdiction

Facts of the emergency

Specific temporary orders requested

Frequently Asked Questions