Utah Emergency Custody Motion

Q: What must I show a Utah court to get an emergency order without notice?

Specific facts, shown by affidavit or a verified complaint, that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party's attorney can be heard in opposition. The court decides whether the facts meet that standard.

Q: Do I have to notify the other parent before asking for an order in Utah?

Notice is the starting rule. An order without notice requires the harm showing and a written certification of the efforts, if any, made to give notice and the reasons notice should not be required. Ask the clerk how much notice your court expects.

Q: How soon is the hearing after a Utah restraining order?

The preliminary injunction hearing is to be held at the earliest possible time. The restrained party may also move to dissolve the order on 48 hours' notice.

Q: How long does a Utah restraining order without notice last?

It must expire by its terms within the time the court fixes, not to exceed 14 days. It can be extended for a like period for good cause shown, or by consent. Confirm the current rule text with the court clerk.

Q: Is there an official Utah form for an emergency custody motion?

Ask the court clerk whether there is an official form for this request and whether your court requires it.

Q: Can a Utah court act in an emergency if the child lives in another state?

Under the UCCJEA temporary emergency provision, former Utah Code 78B-13-204 (renumbered September 1, 2025), a Utah court can act if the child is present in Utah and has been abandoned, or if the child is present in Utah and it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: How long does a Utah UCCJEA emergency order last?

Under former Utah Code 78B-13-204 (renumbered September 1, 2025), the order may become final if it says so and Utah becomes the home state. Otherwise it stays in effect until the home-state court acts, or for a period the court specifies.

Q: Where do I file an emergency custody motion in Utah?

File in the court handling your custody case, or ask the court clerk which court applies if there is no case yet. Confirm any filing fee and fee waiver options with the clerk.

Q: What if the child is being abused in Utah?

If the child is in immediate danger, call 911. You can also report abuse to child protective services and ask the court clerk about a protective order. A protective order is separate from a custody motion.

URCP 65A(b): an order without notice lasts up to 14 days unless extended for good cause or consent.

Find out where you stand in Utah

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Introduction

Utah R. Civ. P. 65A(b) lets a court act without notice on affidavit or verified complaint facts showing immediate and irreparable injury, plus a written certification of notice efforts, for up to 14 days unless extended for good cause or consent.

Key Things to Know

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
This page relies on Utah's general temporary restraining order rule, Utah R. Civ. P. 65A(b), issued without notice. Ask the court clerk whether a custody-specific procedure applies. Confirm the current rule text with the court clerk. The court decides whether to grant it.
3
The facts must show that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party's attorney can be heard in opposition. Those facts must be shown by affidavit or a verified complaint.
4
Notice to the other parent is the starting rule. An order without notice requires the harm showing above, plus a written certification of the efforts, if any, made to give notice and the reasons notice should not be required.
5
A restraining order without notice must expire by its terms within the time the court fixes, not to exceed 14 days, unless it is extended for good cause shown for a like period or by consent. The preliminary injunction hearing is to be set at the earliest possible time.
6
The restrained parent may move to dissolve the order on 48 hours' notice. Ask the court clerk whether your court requires an official form.
7
Under the UCCJEA, a Utah court can act if the child is present in Utah and has been abandoned, or if the child is present in Utah and it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. Ask the clerk about a protective order, and report abuse to child protective services.

Key decisions before you file

Before you file a Emergency Custody Motion in Utah, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

Open the Emergency Custody Motion guide

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IN THE [NAME OF COURT] COURT, [COUNTY] COUNTY, STATE OF UTAH

[MOVING PARTY NAME], Petitioner/Respondent, v. [OTHER PARENT NAME], Respondent/Petitioner.

Case No. [CASE NUMBER]

MOTION FOR TEMPORARY RESTRAINING ORDER AND EMERGENCY TEMPORARY CUSTODY ORDER (URCP 65A(b))

I, [YOUR NAME], state under oath:

The child is [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS].
Existing orders and cases: [CASE NUMBERS AND DATES OF CUSTODY, PARENTING TIME OR PROTECTION ORDERS, OR NONE].
Emergency facts: On [DATE], [SPECIFIC FACTS OF THE HARM OR THREAT, WHO, WHAT, WHERE].
Immediate and irreparable injury: [HOW IMMEDIATE AND IRREPARABLE INJURY, LOSS, OR DAMAGE WILL RESULT TO ME, THE APPLICANT, BEFORE THE OTHER PARENT OR THEIR ATTORNEY CAN BE HEARD IN OPPOSITION].

I ask the court to order, in the alternative: [ALTERNATIVE A: TEMPORARY SOLE PHYSICAL CUSTODY TO ME] [ALTERNATIVE B: PARENTING TIME FOR THE OTHER PARENT ONLY SUPERVISED BY [NAME]] [ALTERNATIVE C: THE OTHER PARENT NOT REMOVE THE CHILD FROM [COUNTY/STATE]] [ALTERNATIVE D: OTHER SPECIFIC TEMPORARY RELIEF: [SPECIFIC RELIEF REQUESTED]] and set a preliminary injunction hearing at the earliest possible time.

Certification of notice, in the alternative: [NOTICE A: I notified the other parent or their attorney on [DATE] by [METHOD].] [NOTICE B: I did not give notice. Efforts made to give notice, if any: [EFFORTS OR NONE]. Reasons notice should not be required: [FACTS SHOWING INJURY BEFORE THE OTHER PARENT CAN BE HEARD].]

Emergency jurisdiction, in the alternative: [JURISDICTION A: The child is present in Utah and, under the UCCJEA, [the child has been abandoned] [it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse]: [FACTS].] [JURISDICTION B: NOT CLAIMED UNDER THE UCCJEA.]

AFFIDAVIT I swear that everything stated in this document is true. Signed on [DATE]. Signature: ______________ Sworn to before: [NAME AND TITLE OF OFFICER ADMINISTERING THE OATH] Signature: ______________ Name: [YOUR NAME] Address: [ADDRESS] Phone: [PHONE]

CERTIFICATE OF SERVICE I served a copy of this motion and any order on [OTHER PARENT NAME] or their attorney on [DATE] by [METHOD] at [ADDRESS]. Signature: ______________

Utah Requirements for Emergency Custody Motion

Restraining Order Under URCP 65A(b)
Utah allows a temporary restraining order without notice when specific facts shown by affidavit or verified complaint show the required harm and the applicant certifies in writing the notice efforts and reasons (Utah R. Civ. P. 65A(b)).
Immediate and Irreparable Injury
The facts must show immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party's attorney can be heard in opposition.
Sworn Affidavit or Verified Complaint
The specific facts of the emergency must be shown by affidavit or by the verified complaint.
Written Certification of Notice Efforts
Without notice, the applicant or their attorney certifies in writing the efforts, if any, made to give notice and the reasons notice should not be required.
14-Day Limit Without Notice
The order expires within the time the court fixes, not to exceed 14 days, unless extended for good cause shown for a like period or by consent.
Hearing at the Earliest Possible Time
The preliminary injunction hearing is to be set at the earliest possible time. The restrained party may move to dissolve on 48 hours' notice.
UCCJEA Temporary Emergency Jurisdiction
A Utah court may act when the child is present in Utah and has been abandoned, or the child is present in Utah and it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Duration of a UCCJEA Emergency Order
The order may become final if it so provides and Utah becomes the home state; otherwise it stays until the home-state court acts or a court-specified period ends.

Frequently Asked Questions

What is an emergency custody order called in Utah?

What must I show a Utah court to get an emergency order without notice?

Do I have to notify the other parent before asking for an order in Utah?

How soon is the hearing after a Utah restraining order?

How long does a Utah restraining order without notice last?

Is there an official Utah form for an emergency custody motion?

Can a Utah court act in an emergency if the child lives in another state?

How long does a Utah UCCJEA emergency order last?

Where do I file an emergency custody motion in Utah?

What if the child is being abused in Utah?

Find out where you stand in Utah

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Utah Requirements for Emergency Custody Motion

Restraining Order Under URCP 65A(b)

Immediate and Irreparable Injury

Sworn Affidavit or Verified Complaint

Written Certification of Notice Efforts

14-Day Limit Without Notice

Hearing at the Earliest Possible Time

UCCJEA Temporary Emergency Jurisdiction

Duration of a UCCJEA Emergency Order

Frequently Asked Questions