New Jersey Emergent Custody Application

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

   New Jersey has no free-standing ex parte custody motion. It uses an emergent application by Order to Show Cause under Court Rule 4:52-1, applied to the Family Part by AOC Directive #09-20. Only a judge decides whether an emergency hearing is needed.

3. 3

   The rule applies to emergent matters in which relief is sought to prevent immediate and irreparable harm if it is not addressed right away. Emergency relief must be the only way to prevent the harm, and the harm to the child must be irreparable. The court decides whether that is shown.

4. 4

   Temporary restraints or interim relief require that the other parent had notice or consents, unless it appears from specific facts shown by affidavit or verified complaint that immediate and irreparable damage will probably result before notice can be served or informally given and a hearing had.

5. 5

   The order, complaint and affidavits must be served at least 10 days before the return date unless the court orders a shorter or longer time. The other parent may move to dissolve or modify the restraint on 2 days' notice, or other notice the court fixes.

6. 6

   The return date is set by the court and may not exceed 35 days after the order issues, unless the court extends it for a like period on good cause or the other parent consents to longer. Restraints may continue until further order of the court.

7. 7

   Official forms are mandatory: CN 11523 (Emergent Application) and CN 12547 (Order to Show Cause), with a verified complaint (CN 11492 / CN 11488) for a new FD case or CN 11487 for an existing FD docket. For abuse concerns, see a protective order under N.J.S.A. 2C:25-17 et seq. and DCF child protective services. For non-emergency changes, see the modifying child custody guide.

New Jersey Requirements for Emergency Custody Motion

• Emergent Order to Show Cause Under R. 4:52-1

  New Jersey handles emergency custody requests as an emergent application by Order to Show Cause under Court Rule 4:52-1, applied to the Family Part by AOC Directive #09-20.

• Immediate and Irreparable Harm

  Relief must prevent immediate and irreparable harm if not addressed right away. Emergency relief must be the only way to prevent the harm.

• Notice or Without-Notice Showing

  Temporary restraints require notice or consent, unless specific facts shown by affidavit or verified complaint show immediate and irreparable damage will probably result before notice can be given and a hearing held.

• Return Date Within 35 Days

  The return date may not exceed 35 days after issuance, unless extended for good cause for a like period or the other party consents to longer.

• Serve at Least 10 Days Before Return Date

  The order with the complaint and affidavits must be served at least 10 days before the return date unless the court orders a shorter or longer time.

• Mandatory Forms CN 11523 and CN 12547

  Forms CN 11523 and CN 12547 are mandatory, with a verified complaint for a new FD case or CN 11487 for an existing FD docket.

• Certification Under Penalty

  Form CN 11523 requires a certification signed under penalty for willfully false statements.

• Emergency Jurisdiction Under N.J.S.A. 2A:34-68

  A New Jersey court has temporary emergency jurisdiction if the child is present in New Jersey and abandoned, or emergency protection is needed.