What Happens After an Emergency Custody Order is Granted in Washington State?

Legal disputes of any kind can be stressful. However, issues that affect your children can be especially overwhelming, as your primary concern is keeping your children safe and secure. While all families encounter their fair share of disagreements and challenges, some family crises can escalate to the point where an adult or child’s physical safety and emotional wellbeing is endangered. In these instances, Washington allows the party concerned for the child’s safety to petition the court to issue an emergency custody order that temporarily removes the child from a potentially dangerous or harmful environment. Essentially, an emergency custody order differs from a traditional child custody order or parenting plan in that it pertains to situations in which there is a credible threat to the child’s safety and wellbeing. If the court issues an emergency custody order, the child will be removed from the harmful environment while a more thorough investigation can be carried out to determine the long-term child custody arrangement. 

Since emergency custody orders are used in extreme circumstances, these cases tend to be highly emotional and even frightening for caregivers and children. However, it’s essential to recognize that you do not have to move through this challenging situation on your own. Enlisting the guidance of a highly qualified and caring Seattle family law attorney is the best way for you to feel more steady and secure as you make more informed decisions about your child’s safety and future. Let’s take a look at how emergency custody orders work in King County and Pierce County, what happens after emergency custody is granted, and how you can file an emergency custody order to keep your child as safe as possible during a time of family crisis. 

What is an Emergency Custody Order in Washington?

Emergency custody orders are civil orders issued by the court that grant temporary custody of a child to one parent (or a trusted third party) in cases where the child is in immediate danger. In other words, an emergency custody order removes the child from an abusive or harmful environment until the court can hold more thorough custody proceedings to establish a long-term custody plan. There are many situations that may justify the need for an emergency custody order, some of which are explained below.

Child Neglect or Child Abuse

If the court has any reason to believe that a parent or guardian is subjecting the child to abuse or neglect, an emergency custody order will likely be issued to remove the child from this dangerous environment. The court takes allegations of child abuse and neglect seriously, so it will likely issue an emergency custody order to ensure the safety of the child until further investigations can be carried out to determine the nature and scope of the alleged abuse or neglect. 

Alcohol or Substance Abuse

A parent who is concerned for their child’s safety because the other parent struggles with substance abuse or alcohol dependence can petition the court for an emergency custody order. A parent’s use of drugs or alcohol can endanger the child’s wellbeing, especially if these substances prevent the parent from caring for the child or keeping the home clean and safe. 

Threats of Harm or Violence

Domestic disputes can be incredibly volatile and dangerous for children. A contentious divorce or dispute between parents that turns physically abusive or triggers verbal threats of violence may warrant the issuing of an emergency custody order to remove the child from this dangerous environment.

Sudden Removal or Abduction

In some cases, one parent may plan or threaten to relocate with the child without the other parent’s consent. This may trigger an emergency hearing to prevent the parent from absconding with the child without the consent or knowledge of the other parent. 

Filing for Emergency Custody in King County or Pierce County

Generally speaking, emergency custody orders can be filled when you can show that there is real and irreparable harm that could result from the order not being granted by the court. In other words, the child could be harmed or suffer trauma if the court does not remove the child from their current living environment and shield them from an abusive or dangerous parent. Due to the severity of these cases, the court will act quickly to review the motion, assess the supporting evidence, serve the other party, and hold a hearing to determine whether to issue a temporary emergency custody order. Here is a brief overview of how to file an emergency custody order in Washington state.

Contact a Skilled and Experienced Seattle Family Law Attorney

Although Washington does not require you to hire an attorney in order to file an emergency custody order petition, doing so is highly recommended. Enlisting the services of an experienced legal professional can demystify this process and maximize your chances of obtaining your desired outcome. Moreover, a trusted and caring attorney will help you move through each step of the process with greater clarity, which is crucial during this deeply stressful time. 

File a Motion With the Court

Your attorney will help you locate the required legal documents to complete and file in a timely manner. These documents are designed to gather all relevant information so that the court can review your petition and take swift action. With your knowledgeable and compassionate family law attorney by your side, you can trust that these documents will be completed fully and accurately so that the court can respond quickly and protect your child from imminent danger. 

Present Supporting Evidence

The court will need to see some basis for your request. Your attorney can help you gather compelling evidence of the threat your child is facing, such as police reports, medical records, witness statements, threatening texts or phone calls, and any other relevant information. Since the emergency custody order is temporary, it’s important to recognize that you will have more time after the emergency custody order is in place to compile additional evidence to present at the hearing for long-term custody determinations. 

The Other Party Will be Served

The motion and supporting documents must then be served on the other party to make sure they are aware of the impending hearing. Once the other party understands the time and date of the hearing, they can prepare to address the allegations raised. Since the nature of emergency custody orders tends to be urgent, the court will likely issue the emergency custody order and require the other party to honor its terms until the return hearing occurs (usually within two to four weeks, depending on the court’s schedule). 

Attending the Emergency Custody Hearing

The hearing is where the judge will review the details of the situation, assess the evidence provided, and decide whether to issue the emergency custody order. Family court judges take several factors into consideration as they make their decisions, such as the dangers facing the child, parental history of abuse, neglect, or mental health issues, evidence of previous instances of domestic violence or abuse, and any other relevant considerations. If the court issues an emergency custody order, the terms set forth in the order take immediate effect. This temporary order remains in effect until formal child custody proceedings can take place before a judge in family court.

Understanding Your Legal Rights and Options 

It’s important to note that an emergency custody order is not the same thing as a restraining or no-contact order. When an emergency custody order is in place, it allows the parent (or, in some cases, a third-party) to retain physical custody of the child. However, the emergency order does not compel the other parent to keep their distance or avoid contacting the other parent or the child. If you are worried about further harm to your child even after the emergency custody order is in place, you can discuss your options with your attorney to determine whether it’s appropriate to seek another civil order of protection at this time. Moreover, emergency custody orders apply to situations where the parents are already involved in an active family law case (i.e., divorce, legal separation, etc.) or have filed a family law case at the same time they filed an emergency custody order. If you have questions about whether pursuing an emergency custody order is an option for you, reach out to a caring and experienced Seattle family law attorney to learn more about your options. 

We’re Ready to Help You Enjoy a Bright and Safe Future

Instability at home can be stressful and even dangerous. As overwhelmed and fearful as you may feel at this moment, help is always available to you and your loved ones. The empathetic and experienced legal professionals at the Hemmat Law Group believe that everyone deserves to feel safe and secure as they move through challenging times. Whether you are concerned about your safety or you have been wrongly accused of abuse during a contentious divorce, we’re ready to help you protect your best interests and move forward into a brighter and more stable future. 

At the Hemmat Law Group, we believe in providing top-tier legal services to help you and your family move through difficult times. For over 35 years, we have worked with individuals and families in all types of circumstances, from divorce to civil protection orders to child custody disputes. If you are looking for customized and compassionate legal guidance in the greater Seattle area, please contact our office at (206) 682-5200 to discuss your concerns with a dedicated and experienced family law attorney.