North Dakota 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

   North Dakota calls this an ex parte interim order, under N.D. R. Ct. 8.2 (Interim Orders in Domestic Relations Cases). The default is notice and hearing: no interim order may be issued except on notice and hearing unless the court specifically finds exceptional circumstances.

3. 3

   Exceptional circumstances means a threat of imminent danger to a party or minor child, or circumstances making an ex parte order necessary to protect the parties, children or marital estate. The moving party must execute a declaration setting forth specific facts justifying the order.

4. 4

   If the other parent has appeared or is known to be represented, the movant's attorney must tell the court, and the court must attempt an emergency hearing, in person or by telephone, before issuing any order.

5. 5

   A hearing on the necessity of the order must be held within 30 days of issuance of the ex parte order, or earlier if required under the protection-order chapter, unless a change-of-venue application is pending. You must secure the hearing date and personally serve the order and notice of hearing. The hearing may be waived if the other parent files a written waiver no later than two days before it.

6. 6

   The order remains in effect until amended following a court hearing. After judgment, an ex parte change of primary residential responsibility is not allowed, though an ex parte parenting-time modification is. After judgment, a separate expedited motion under Rule 8.2(c) can ask for a temporary modification of residential responsibility, with responses due at least 24 hours before the hearing.

7. 7

   File in the district court handling your parenting case. For abuse, a temporary domestic violence protection order under N.D.C.C. 14-07.7-06 may include temporary residential responsibility, and you can report to child protective services. For non-emergency changes, see the modifying child custody guide.

North Dakota Requirements for Emergency Custody Motion

• Ex Parte Interim Order Under Rule 8.2

  North Dakota allows an ex parte interim order in a domestic relations case under N.D. R. Ct. 8.2, but no interim order may issue except on notice and hearing unless the court specifically finds exceptional circumstances.

• Exceptional Circumstances Finding

  The court must find a threat of imminent danger to a party or minor child, or circumstances making an ex parte order necessary to protect the parties, children or marital estate.

• Declaration of Specific Facts

  No ex parte interim order may issue unless the moving party executes a declaration setting forth specific facts justifying the order.

• Emergency Hearing if Other Parent Has Appeared

  If the other party has appeared or is known to be represented, the movant's attorney must tell the court, and the court must attempt an emergency hearing, in person or by telephone, before issuing any order.

• Hearing Within 30 Days

  A hearing on the necessity of the order must be held within 30 days of issuance, or earlier if required under the protection-order chapter, unless a change-of-venue application is pending. The movant must secure the date and personally serve the order and notice of hearing.

• Order Lasts Until Amended After Hearing

  An interim order remains in effect until amended following a court hearing (N.D. R. Ct. 8.2(a)(6)).

• No Ex Parte Residential Change After Judgment

  After judgment, an ex parte order modifying primary residential responsibility is not allowed, though an ex parte parenting-time modification is (N.D. R. Ct. 8.2(a)(7)-(8)).

• Temporary Emergency Jurisdiction

  Under N.D.C.C. 14-14.1-15, a North Dakota court may act in an emergency when the child is present in North Dakota and either the child is abandoned or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.