Minnesota 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

   Minnesota handles this through emergency relief under Minn. Gen. R. Prac. 303.04 and an ex parte restraining order under Minn. Stat. 518.131 subd. 3. The 2012 Advisory Committee Comment to Rule 303.04 notes that emergency and ex parte are not the same thing. The court decides whether to grant relief.

3. 3

   A restraining order may not deny parenting time or grant custody except upon a finding by the court of immediate danger of physical harm to the minor children of the parties (Minn. Stat. 518.131 subd. 3(b)).

4. 4

   The motion and affidavit must state why emergency relief is required, the relief requested and prior attempts (Rule 303.04(c)). An affidavit on prior applications is also required (Rule 3.02).

5. 5

   Notice of the time and place of the hearing must be served with the motion and affidavit on the other party or counsel, unless you give a written statement of a good faith but unsuccessful effort to contact them, or the documents show good cause and the court waives notice.

6. 6

   If the relief affects custody or parenting time, the court must set the matter for hearing within 14 days of the date emergency relief is granted. An ex parte restraining order continues only until the noticed hearing time, unless the court extends it for good cause and upon notice.

7. 7

   This is filed in the district court in a pending custody, dissolution or legal separation case. For abuse concerns, ask about an order for protection under Minn. Stat. 518B.01 and contact county child protection. For non-emergency changes, see the modifying child custody guide.

Minnesota Requirements for Emergency Custody Motion

• Emergency Relief Under Rule 303.04

  The court may grant emergency relief if the requirements of Minn. Gen. R. Prac. 303.04 are met. Ex parte relief requires compliance with Rule 3.

• Immediate Danger of Physical Harm

  A restraining order may not grant custody or deny parenting time except upon a finding of immediate danger of physical harm to the minor children (Minn. Stat. 518.131 subd. 3(b)).

• Motion and Affidavit Contents

  The motion and affidavit must state why emergency relief is required, the relief requested and prior attempts (Rule 303.04(c)).

• Affidavit on Prior Applications

  Rule 3.02 requires an affidavit on prior applications.

• Notice and Its Exceptions

  Serve the motion, affidavit and notice of hearing time and place unless a written statement of good faith unsuccessful contact is given, or the court waives notice for good cause.

• Hearing Within 14 Days

  If relief affects custody or parenting time, the court sets the matter for hearing within 14 days of the date emergency relief is granted (Rule 303.04(f)).

• Duration of Ex Parte Order

  An ex parte restraining order continues only until the noticed hearing time, unless extended for good cause and upon notice (Minn. Stat. 518.131 subd. 4).

• Emergency Jurisdiction Under 518D.204

  A Minnesota court may act when the child is present and abandoned, or protection is necessary because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse, or under a 2023 gender-affirming health care ground.