When can I get an emergency Court order for custody of my child?
  1. If your child has been harmed by the other parent or is in immediate danger of harm in the care of the other parent, you have several options available to protect the child. Those options include the following:
    1. Contact law enforcement if your child has been harmed by a parent;
    2. Contact Child Protective services if your child is in danger;
    3. Seek an order of protection if the child has been harmed or may be harmed by domestic violence;
    4. Ask a Court for an emergency order without notice to the other party (available in limited circumstances);
    5. Ask a Court for an expedited hearing with the other parent to address the protection of the child.
  2. Generally, the Court cannot grant a request for an order unless the other party has notice of the order being requested and an opportunity to be heard by the Court regarding the request. In very limited cases, however, the Court can issue an emergency order without providing the other party notice of the requested order. An order issued without notice to the other party is known as an “ex parte order”. Rule 48 of the Arizona Rules of Family Law Procedure governs when a Court may issue an ex parte emergency order. In summary, the Rule requires the following:
  3. Circumstances Justifying an Ex Parte Order Exists: A temporary order may be granted without written or oral notice to the other party or that party's attorney ONLY if:
    1. It clearly appears from specific facts shown by affidavit or by the verified motion that irreparable injury will result to the moving party or a minor child of the party, or that irreparable injury, loss, or damage will result to the separate or community property of the party if no order is issued before the other party can be heard in opposition; and
    2. The moving party or the party's attorney certifies to the court, in writing, the efforts, if any, that have been made to give the notice to the other party or the reasons supporting the claim that notice should not be required. Rule 48(A), Arizona Rules of Family Law Procedure, (emphasis added).
  4. Required Paperwork: A party seeking a temporary ex parte order without notice shall do so by filing a motion, verified or supported by affidavit, together with a proposed form of order, and a notice of hearing on the motion. The motion shall be filed after or concurrently with an initial predecree, post-decree or post-judgment petition. The party may review and access our available forms or the party can seek the help of an attorney. There may be a filing fee to petition for an emergency order and or predecree/post-judgment petition, access our fee schedule.
  5. You must fully satisfy all of the requirements of this Rule for the Court to issue an emergency ex parte order. If your situation does not meet the requirements of this rule, you will not be granted an emergency ex parte order.

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1. We don’t want to be married anymore. If our marriage license was never recorded do we still have to file for a divorce? Who would know we are married if there is no record?
2. How do I file a divorce without an attorney?
3. How much does it cost to file for a divorce?
4. Do both parties have to sign the divorce papers?
5. What are the steps involved in filing a divorce?
6. How do I file for legal separation?
7. How do I file for an annulment?
8. What do I do when I don't know where the other person is to serve him/her?
9. I just got served with divorce papers. What do I do?
10. I was served with divorce papers on June 3. Exactly how many days do I have to respond?
11. I got a notice stating that my case has been placed on the inactive calendar. What am I supposed to do now?
12. I have just moved, how can I update my address with the Court?
13. How soon after my divorce is final can I get married again?
14. My ex is not complying with the decree. How do I make my ex comply?
15. I want to see my child more than the old court order allows. How do I get more time with my child?
16. My ex has custody of our child. I have our child for parenting time, but the child does not want to go back to my ex. Does our child have to go back?
17. I am supposed to pick up my kids this weekend, but my ex says I won’t be allowed to have them. Can the court make my ex give me the kids?
18. I want to know if the judge will read a text message on my phone and listen to a voice mail. This is evidence that my ex is denying me parenting time. I need to know this before the hearing that is cu
19. When can I get an emergency Court order for custody of my child?
20. Will I get to talk to the judge about my emergency petition for custody?
21. If my ex and I were never married does the mother automatically have custody of the children?
22. Where can I get help completing the Parent’s Worksheet to establish or modify a child support order?
23. I've been ordered to take a Parent Education Class, how do I register and pay?