Custody cases can move slowly — but in some situations, waiting weeks for a hearing could put a child in danger. When there’s an immediate threat to a child’s safety or well-being, North Carolina law allows judges to act quickly through an emergency (ex parte) custody order.
This type of order gives one parent temporary custody without notifying the other parent first, but only under very limited and urgent circumstances. It’s a powerful legal tool meant to protect children — not to gain leverage in a custody dispute.
This blog explains how emergency custody works in North Carolina, what qualifies as an emergency, and what happens after the order is granted.
Take care of what matters the most: your children. Contact a family lawyer.
What Is an Ex Parte Custody Order?
The term “ex parte” means “from one side.” In custody cases, it refers to a court order made without the other parent being present or notified beforehand.
Under N.C. Gen. Stat. § 50-13.5(d)(3), a judge can issue an ex parte custody order only when the child is at immediate risk of serious harm or being removed from the state. The goal is to provide fast protection until a full hearing can be held.
When Judges Grant Emergency Custody
Judges in North Carolina grant emergency custody only in rare and extreme cases. You must show evidence that your child faces an immediate and substantial risk of one or more of the following:
- Abuse or Neglect
- Physical abuse, emotional abuse, or neglect by a parent, stepparent, or someone in the home.
- Unsafe living conditions such as substance abuse, domestic violence, or criminal activity.
- Sexual Abuse or Exploitation
- Any credible evidence that a child is being sexually abused or at risk of abuse.
- Risk of Abduction or Removal from the State
- A parent plans to flee North Carolina with the child or has threatened not to return them.
If these conditions exist, a judge can issue an emergency custody order without waiting for a standard hearing — sometimes the same day the motion is filed.
What You Must Show to Get an Emergency Custody Order
Because emergency orders override the other parent’s rights without notice, judges require strong evidence before granting them. Allegations alone are not enough.
To file for emergency custody, you or your attorney must submit:
- A verified motion or affidavit describing the emergency in detail.
- Supporting evidence, such as police reports, medical records, photos, text messages, or witness statements.
- Specific facts showing immediate risk — not just general fears or disagreements.
Judges carefully review these filings to determine whether the situation truly qualifies as an emergency.
The Emergency Custody Process in North Carolina
Here’s what typically happens:
- Filing the Motion:
A parent (through their attorney) files a Motion for Emergency Custody in district court, explaining why immediate action is needed. - Ex Parte Hearing:
The judge reviews the motion and evidence — often the same day — without notifying the other parent. If the judge finds the risk credible and urgent, they issue an ex parte custody order granting temporary custody. - Temporary Order Takes Effect:
The parent granted custody can take immediate possession of the child. Law enforcement can help enforce the order if necessary. - Full Custody Hearing (Usually Within 10 Days):
The court schedules a follow-up hearing so both parents can present their sides. The judge then decides whether to extend, modify, or end the temporary custody arrangement.
What Happens at the Follow-Up Hearing
The follow-up (or “return”) hearing gives the other parent a chance to respond and present evidence. Both parents may testify, bring witnesses, and submit documents.
The judge will consider:
- Whether the danger still exists.
- Whether the parent who filed the motion exaggerated or misrepresented facts.
- What long-term custody arrangement best serves the child’s welfare.
If the court finds that an emergency no longer exists, the temporary order can be dissolved. If risk remains, it may become part of a temporary custody order that lasts until a final decision is made.
Common Misunderstandings About Emergency Custody
Myth 1: I can get emergency custody because my ex isn’t following our schedule.
→ False. Violating a custody order is serious, but it’s not an emergency unless the child is in immediate danger. You can file for contempt or modification, not emergency custody.
Myth 2: I’ll automatically get permanent custody if the judge grants my motion.
→ False. Emergency custody is temporary and doesn’t determine long-term rights. It only lasts until the court can hold a full hearing.
Myth 3: Judges often issue ex parte orders.
→ False. Judges grant them rarely and only when there’s compelling proof of imminent harm.
When to Seek Emergency Custody
You may need to file for emergency custody if:
- The other parent is abusing or neglecting the child.
- There’s credible evidence of drug use, violence, or unsafe living conditions.
- The parent threatens to leave the state with the child.
- Law enforcement or child protective services recommends urgent intervention.
In these cases, acting quickly can protect your child’s safety — but filing without solid evidence can damage your credibility in court. Always consult a family law attorney before seeking emergency relief.
The Role of Law Enforcement and DSS
If an emergency custody order is granted, law enforcement can help locate and transfer the child safely to the parent awarded custody.
In some cases, the Department of Social Services (DSS) may become involved to investigate allegations of abuse or neglect. DSS findings can heavily influence the court’s next steps.
When the Court Denies Emergency Custody
If the judge denies your emergency motion, that doesn’t mean your concerns don’t matter. You can still:
- Request a temporary custody hearing on a regular (non-emergency) schedule.
- Gather additional evidence, such as school or medical records.
- Ask for a guardian ad litem or evaluator to assess your child’s situation.
A denial simply means the situation did not meet the emergency standard at that time.
Key Takeaway
Emergency (ex parte) custody orders are designed for true crises — not everyday custody disagreements. North Carolina judges use them sparingly and only when a child faces imminent danger or the risk of abduction.
If you believe your child’s safety is at risk, you must act fast and provide solid, credible evidence. A skilled North Carolina family law attorney can help you gather documentation, file your motion properly, and represent you at both the emergency and follow-up hearings.
Contact Martine Law today to discuss your case confidentially and take the right steps to protect your child’s well-being.
Primary Keyword: emergency custody North Carolina
Meta Title: Emergency (Ex Parte) Custody Orders in North Carolina
Meta Description: Learn when North Carolina judges grant emergency custody orders, how the ex parte process works, and what to expect at follow-up hearings.