Rhode Island Emergency Custody Motion
Emergency relief under Rule 65(b); a without-notice order lasts up to 30 days
Find out where you stand in Rhode Island
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Introduction
Rhode Island uses a Family Court Rule 65(b) motion for emergency relief. Without notice, an affidavit must clearly show immediate and irreparable injury. A hearing follows at the earliest possible time; a without-notice order lasts up to 30 days, extendable.
Key Things to Know
- 1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
- 2
Rhode Island has no custody-specific ex parte rule. The request is a motion for emergency relief or temporary restraining order under Family Court Domestic Relations Rule 65(b); R.I. Gen. Laws § 15-5-19 covers temporary custody in a divorce.
- 3
Without notice, it must clearly appear from specific facts shown by affidavit that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had.
- 4
Notice to the other parent is the default. Ordinary motion notice under Rule 6(c) is 10 days before hearing unless the court orders otherwise. After a without-notice order, a copy of the motion, affidavit and order shall be served personally on the other parent.
- 5
Rule 65(b) sets the hearing at the earliest possible time with no fixed day count. A without-notice order expires within the time the court fixes, not to exceed 30 days, and can be extended by consent or for good cause. The court decides whether to grant any order.
- 6
A denied ex parte (without-notice) motion cannot be presented to another judicial officer unless circumstances have materially changed. The FC-75 Family Court cover sheet is required with any case-initiating document; it is not an emergency-specific form.
- 7
Temporary emergency jurisdiction under R.I. Gen. Laws § 15-14.1-16 applies if the child is present in Rhode Island and abandoned, or the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. File in Family Court. For abuse, ask about a domestic abuse complaint under § 15-15-3 and contact DCYF. For ongoing changes, see the modifying child custody guide.
Key decisions before you file
Before you file a Emergency Custody Motion in Rhode Island, 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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Rhode Island Requirements for Emergency Custody Motion
Affidavit of specific facts
Rule 65(b) requires specific facts shown by affidavit before emergency relief can be granted without notice to the adverse party.
Immediate and irreparable injury
Without notice, it must clearly appear that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had.
Personal service after a without-notice order
A copy of the motion, affidavit and order shall be served personally on the adverse party under Rule 65(b).
Thirty-day limit on a without-notice order
The order expires by its terms within the time the court fixes, not to exceed 30 days, and may be extended by consent or for good cause.
Temporary emergency jurisdiction
R.I. Gen. Laws § 15-14.1-16 applies when the child is present in Rhode Island and abandoned, or needs emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Facts of the emergency
State dates, places, people present and the specific harm threatened, in the affidavit.
Specific temporary orders requested
List each order sought, such as temporary custody, limited or supervised parenting time, or a restraint, as separate alternatives.