Vermont Emergency Custody Motion
Ex parte custody on an abuse finding, affidavit and immediate danger; hearing within 14 days at most
Find out where you stand in Vermont
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Introduction
Vermont's ex parte route is relief from abuse, 15 V.S.A. § 1104. On findings of abuse and of immediate danger of physical or emotional harm to the children, the court may award temporary custody on affidavit, with a hearing within 14 days.
Key Things to Know
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If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
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Vermont's emergency custody route runs largely through relief from abuse, 15 V.S.A. §§ 1101-1104. Ask the Family Division clerk how a request outside the abuse route is handled.
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15 V.S.A. § 1104(a)(3): "Upon a finding that there is immediate danger of physical or emotional harm to minor children, the court may award temporary custody of these minor children to the plaintiff or to other persons." The court decides whether to grant any order.
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Temporary orders may be issued ex parte, without notice to the defendant, on motion and findings that the defendant abused the plaintiff or the plaintiff's children, or both. The plaintiff must submit an affidavit, which may be sworn by telephone to an employee of the Judiciary.
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The order must tell the defendant the date, time and place to petition for modification or discharge. The contest hearing must be scheduled as soon as reasonably possible and in no event more than 14 days from issuance.
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If the defendant fails to appear at the final hearing, the temporary order stays in effect until the final order is served on the defendant, unless dismissed. For temporary emergency jurisdiction under 15 V.S.A. § 1074, the child must be present in Vermont and abandoned, or in need of emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
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The Family Division has a general Motion with Affidavit form, 400-00830; ask the clerk whether it is required. For abuse, also contact the Department for Children and Families. For non-emergency changes, see the modifying child custody guide.
Key decisions before you file
Before you file a Emergency Custody Motion in Vermont, 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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Vermont Requirements for Emergency Custody Motion
Abuse finding
Ex parte temporary orders require findings that the defendant abused the plaintiff or the plaintiff's children, or both (15 V.S.A. § 1104).
Immediate danger to the child
Temporary custody requires a finding of immediate danger of physical or emotional harm to minor children (15 V.S.A. § 1104(a)(3)).
Supporting affidavit
The plaintiff must submit an affidavit in support of the order. It may be sworn by telephone to an employee of the Judiciary (15 V.S.A. § 1104(a)).
Hearing within 14 days
The opportunity to contest must be scheduled as soon as reasonably possible and in no event more than 14 days from issuance (15 V.S.A. § 1104(b)).
Temporary emergency jurisdiction
15 V.S.A. § 1074 applies when the child is present in Vermont 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 or limited or supervised contact, as separate alternatives.