Michigan Emergency Custody Motion

Q: What is an emergency custody order called in Michigan?

Michigan uses an ex parte order under MCR 3.207(B). For parenting time, MCL 722.27a(12) refers to an ex parte interim order. It is entered before the other parent is heard.

Q: What must I show a Michigan court to get an ex parte custody order?

Specific facts in an affidavit or verified pleading showing that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued. The court decides whether the facts meet that standard.

Q: How long does a Michigan ex parte custody order last?

An order entered under MCR 3.207(B)(1)(b) expires when a later order is issued after the evidentiary hearing. Other ex parte orders become temporary orders if no objection or motion is filed within 14 days of service.

Q: Can the other parent challenge a Michigan ex parte order?

Yes. The other parent has 14 days after service to object. The friend of the court then has 14 days to try to resolve it, and a hearing follows within 21 days. The order stays in effect and must be obeyed during an objection.

Q: Is there an official Michigan form for an ex parte custody motion?

Yes. FOC 137, Affidavit for Ex Parte Motion for Custody or Parenting Time, is the statewide form for the affidavit. Ask the court clerk whether your court requires it. FOC 61 is the form the other parent uses to object or move to rescind or modify.

Q: Can a Michigan court act in an emergency if the child lives in another state?

Under MCL 722.1204, a Michigan court can act in an emergency if the child is present in Michigan and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: Where do I file an emergency custody motion in Michigan?

In the court handling your custody case. The ex parte order must then be served on the friend of the court and the other parent within 3 days. Confirm the filing location and any fee with the clerk of that court.

Q: What if the child is being abused in Michigan?

If the child is in immediate danger, call 911. You can also report to child protective services under MCL 722.623, and a personal protection order under MCL 600.2950 may be an option. A protection order is separate from a custody motion.

Ex parte order on an affidavit; hearing within 21 days if it could alter the custodial environment.

Find out where you stand in Michigan

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Introduction

MCR 3.207(B): an affidavit or verified pleading must show irreparable injury, loss, or damage from notice delay, or that notice will precipitate adverse action. If the order could alter an established custodial environment, a hearing is due within 21 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
Michigan court rule MCR 3.207(B) allows an ex parte order before a full hearing, and MCL 722.27a(12) calls the parenting time version an ex parte interim order. The court decides whether to grant it.
3
The court must be satisfied by specific facts in an affidavit or verified pleading that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.
4
A custody or parenting time request must also plead facts about the established custodial environment (MCR 3.207(B)(1)(a)), which is required since September 1, 2025.
5
You must serve a true copy of the ex parte order on the friend of the court and the other parent within 3 days of its issuance. Confirm with the court clerk whether any notice is required before the order is entered.
6
If the order could alter an established custodial environment, an evidentiary hearing must be held within 21 days after entry, with notice of the hearing in the order. The other parent has 14 days after service to object, and the order stays in effect and must be obeyed during an objection.
7
Michigan has an official affidavit form, FOC 137. For abuse concerns, report to child protective services (MCL 722.623) and ask about a personal protection order (MCL 600.2950). For non-emergency changes, see the modifying child custody guide.

Key decisions before you file

Before you file a Emergency Custody Motion in Michigan, 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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OFFICIAL FORM: Michigan has an official affidavit form, FOC 137 (Affidavit for Ex Parte Motion for Custody or Parenting Time). Ask the court clerk whether your court requires it, and use this worksheet to prepare the facts.

STATE OF MICHIGAN IN THE [NAME OF COURT] FOR THE COUNTY OF [COUNTY] Case No. [CASE NUMBER] [MOVING PARTY NAME], Plaintiff/Defendant, v. [OTHER PARENT NAME], Plaintiff/Defendant.

EX PARTE MOTION FOR TEMPORARY CUSTODY OR PARENTING TIME ORDER (MCR 3.207(B))

The child is [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS].
Existing orders and cases: [CASE NUMBERS AND DATES OF CUSTODY, PARENTING TIME OR PROTECTION ORDERS, OR NONE].
Established custodial environment: [WITH WHOM THE CHILD HAS LIVED AND LOOKED FOR GUIDANCE, FOR HOW LONG, AND WHY].
Emergency facts: On [DATE], [SPECIFIC FACTS OF THE HARM OR THREAT, WHO, WHAT, WHERE].
Irreparable injury: [HOW THE CHILD WILL BE HARMED BEFORE A NOTICED HEARING CAN BE HELD, OR WHY NOTICE ITSELF WILL PRECIPITATE ADVERSE ACTION].

I ask the court to enter an ex parte order granting, in the alternative: [ALTERNATIVE A: TEMPORARY SOLE PHYSICAL CUSTODY TO ME] [ALTERNATIVE B: PARENTING TIME FOR THE OTHER PARENT ONLY SUPERVISED BY [NAME]] [ALTERNATIVE C: THE OTHER PARENT NOT REMOVE THE CHILD FROM [COUNTY/STATE]] [ALTERNATIVE D: OTHER SPECIFIC TEMPORARY RELIEF: [SPECIFIC RELIEF REQUESTED]] and set an evidentiary hearing within 21 days, with notice of the hearing included in the order.

Notice, in the alternative: [NOTICE A: I notified the other parent on [DATE] by [METHOD].] [NOTICE B: I did not give advance notice because [FACTS SHOWING DELAY FOR NOTICE CAUSES IRREPARABLE INJURY OR NOTICE WILL PRECIPITATE ADVERSE ACTION].] I will serve a true copy of any ex parte order on the friend of the court and the other parent within 3 days of its issuance. Emergency jurisdiction, in the alternative: [JURISDICTION A: The child is present in Michigan and emergency protection is needed under MCL 722.1204 because [FACTS].] [JURISDICTION B: NOT CLAIMED UNDER MCL 722.1204.]

AFFIDAVIT I swear or affirm that the facts above are true to the best of my information, knowledge and belief. Signature: ______________ Date: [DATE] Name: [YOUR NAME] Address: [ADDRESS] Phone: [PHONE] Subscribed and sworn before me on [DATE]. Notary public: [NAME], [COUNTY] County, Michigan. My commission expires: [DATE].

CERTIFICATE OF SERVICE I served a true copy of the ex parte order on the friend of the court and [OTHER PARENT NAME] on [DATE] by [METHOD] at [ADDRESS]. Signature: ______________

Michigan Requirements for Emergency Custody Motion

Ex Parte Order Under MCR 3.207(B)
Michigan allows an ex parte order pending a temporary order when the court is satisfied by specific facts in an affidavit or verified pleading (MCR 3.207(B)).
Irreparable Injury From Delay
The facts must show irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.
Established Custodial Environment Facts
A custody or parenting time request must plead facts about the established custodial environment (MCR 3.207(B)(1)(a)).
Serve the Order Within 3 Days
The moving party must serve a true copy of the ex parte order on the friend of the court and the other party within 3 days of its issuance (MCR 3.207(B)(2)).
Hearing Within 21 Days
If the order could alter an established custodial environment, an evidentiary hearing must be held within 21 days after entry, with notice of the hearing in the order.
14-Day Objection Window
The other party has 14 days after service to object; the friend of the court has 14 days to resolve it, and the order stays in effect during an objection.
Official Affidavit Form FOC 137
Michigan has a statewide Affidavit for Ex Parte Motion for Custody or Parenting Time, FOC 137, citing MCR 3.207(B) and MCL 722.27.
Emergency Jurisdiction Under MCL 722.1204
A Michigan 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.

Frequently Asked Questions

What is an emergency custody order called in Michigan?

What must I show a Michigan court to get an ex parte custody order?

Do I have to notify the other parent before asking for an ex parte order in Michigan?

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

How long does a Michigan ex parte custody order last?

Can the other parent challenge a Michigan ex parte order?

Is there an official Michigan form for an ex parte custody motion?

Can a Michigan court act in an emergency if the child lives in another state?

Where do I file an emergency custody motion in Michigan?

What if the child is being abused in Michigan?

Find out where you stand in Michigan

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Michigan Requirements for Emergency Custody Motion

Ex Parte Order Under MCR 3.207(B)

Irreparable Injury From Delay

Established Custodial Environment Facts

Serve the Order Within 3 Days

Hearing Within 21 Days

14-Day Objection Window

Official Affidavit Form FOC 137

Emergency Jurisdiction Under MCL 722.1204

Frequently Asked Questions