Washington DC 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

   Washington DC has no custody-specific ex parte statute. An emergency request is made as a temporary restraining order under D.C. Superior Court Domestic Relations Rule 65(b), with a motion for temporary custody under D.C. Code 16-911 and 16-831.09. The court decides whether to grant it.

3. 3

   To get an order without notice, specific facts in an affidavit or verified complaint must clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.

4. 4

   A motion for temporary custody must be made under oath (Dom. Rel. Rule 7(b)). Sign the facts under oath or declaration, and include the specific dates, places and acts.

5. 5

   Notice: you must make reasonable efforts to give notice to the other parent's attorney, if known, otherwise to the other parent, at the earliest practicable time before the hearing. There is no fixed hour or day count. Notice may be excused only if the court finds bodily harm is likely to occur before the hearing if notice is given.

6. 6

   A TRO expires at the time the court sets, not to exceed 14 days, unless the court extends it once for a like period for good cause or by consent. The hearing is held at the earliest possible time, and the other parent may move to dissolve the order on 2 days' notice. No security is required for custody TROs.

7. 7

   File in D.C. Superior Court, Family Court, Domestic Relations Branch (Central Intake Center at the Moultrie Courthouse, or eFile). For abuse, ask about a civil protection order under D.C. Code 16-1005 and contact the Child and Family Services Agency. For non-emergency changes, see the modifying child custody guide.

Washington DC Requirements for Emergency Custody Motion

• TRO Under Domestic Relations Rule 65(b)

  Washington DC has no custody-specific ex parte statute. Emergency requests proceed as a temporary restraining order under Dom. Rel. Rule 65(b).

• Immediate and Irreparable Injury

  Specific facts in an affidavit or verified complaint must clearly show immediate and irreparable injury, loss, or damage will result before the adverse party can be heard in opposition.

• Motion Made Under Oath

  Motions for temporary custody of minor children under D.C. Code 16-831.09 and 16-911 must be made under oath (Rule 7(b)).

• Reasonable Efforts to Give Notice

  The movant must make reasonable efforts to give notice at the earliest practicable time before the hearing, unless the court finds bodily harm is likely if notice is given (Rule 65(b)(1)).

• TRO Lasts Up to 14 Days

  A TRO expires at the time the court sets, not to exceed 14 days, and may be extended once for a like period for good cause or by consent (Rule 65(b)(2)).

• Hearing at Earliest Possible Time

  The hearing on the motion is set at the earliest possible time, and the adverse party may move to dissolve the order on 2 days' notice (Rule 65(b)(3) and (4)).

• Emergency Jurisdiction Under 16-4602.04

  A court may act in an emergency when the child is present in the District and either abandoned or in need of protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

• No Security for Custody TROs

  No security is required for a temporary restraining order in a custody matter (Rule 65(c)).