Oklahoma 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 replace emergency help.

2. 2

   Oklahoma calls this a motion for an emergency custody hearing under 43 O.S. 107.4. It applies in a court proceeding concerning child custody or visitation, so it is filed within that pending case in district court.

3. 3

   The motion must show the child is in surroundings which endanger the safety of the child and, if conditions continue, would likely be subject to irreparable harm. The court decides whether the showing is enough.

4. 4

   The motion must include an independent report, such as a police or DHS report, if available. If there is no such report, it must include a notarized affidavit from an individual with personal knowledge.

5. 5

   Upon receipt of the motion with supporting documentation, the court has seventy-two (72) hours to conduct a hearing. If that deadline is missed, the movant may present the motion to the presiding judge of the judicial district, who must hold a hearing within 24 hours.

6. 6

   If the court finds that information relied on was false, the movant pays all costs, fees and expenses within 30 days. Nonpayment is contempt, punishable by up to 6 months in jail and/or a $1,000 fine (43 O.S. 107.4(B)).

7. 7

   For abuse, a protective order under the Protection from Domestic Abuse Act (22 O.S. 60.2 to 60.4) offers a same-day emergency ex parte hearing and no filing fee for the plaintiff, but under 60.4(I) it does not determine custody, though visitation may be temporarily suspended or modified. For non-emergency changes, see the modifying child custody guide.

Oklahoma Requirements for Emergency Custody Motion

• Motion for emergency custody hearing

  43 O.S. 107.4 applies in a court proceeding concerning child custody or visitation and provides for a motion for an emergency custody hearing.

• Surroundings which endanger the child

  The motion must show the child is in surroundings which endanger the safety of the child and, if conditions continue, would likely be subject to irreparable harm.

• Independent report or notarized affidavit

  Include an independent report, such as a police or DHS report, if available. Otherwise include a notarized affidavit from an individual with personal knowledge.

• 72-hour hearing

  Upon receipt of the motion with supporting documentation, the court has 72 hours to conduct a hearing. If missed, the movant may present it to the presiding judge of the judicial district, who must hold a hearing within 24 hours.

• Cost of false information

  If the court finds the information relied on was false, the movant pays all costs, fees and expenses within 30 days. Nonpayment is contempt (43 O.S. 107.4(B)).

• Temporary emergency jurisdiction

  43 O.S. 551-204 applies when the child is present in Oklahoma and abandoned, or emergency protection of the child, a sibling or a parent from mistreatment or abuse is needed. If there is a prior order or proceeding elsewhere, the order must specify a period to obtain an order from the home state.

• Facts of the emergency

  State dates, places, people present and the specific harm threatened, in the motion and in any affidavit.

• Specific temporary orders requested

  List each order sought, such as temporary custody, limited or supervised visitation, or a restraint, as separate alternatives.