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It’s easy for people to assume you think the worst of an ex-husband or ex-wife, but you’re the one who has to act when there’s real trouble. What do you do if you know that your child isn’t safe with their other parent? Worse, what if it looks like your ex is going to take the child away for good?
In Chicago, parents who fear for the safety of their child have an option, even when that child is legally in the custody of the other parent. If you are afraid that your child is in danger of abuse, neglect, or abduction, you may be able to get emergency custody through the courts. It’s crucial that you speak to an Illinois family law attorney about your next moves.
Emergency Custody Motions in Cook County
Custody between parents is also called “allocation of parenting time and decision-making” in Illinois. Most motions about parenting time can take weeks or months for resolution in Cook County Circuit Court. However, when a child’s safety cannot wait that long, Illinois law allows for emergency motions that a judge will view as soon as possible.
When the court receives an emergency motion, the judge will review it at 9:00 the following morning (if not earlier) to decide whether they will hear the motion on an emergency basis. That will depend on whether the judge believes it to be a true emergency, defined as “a sudden and unforeseen circumstance that may cause injury, loss of life, or damage to property and that requires urgent response and remedial action.” Cook County Administrative Order 2022 D 12.
Custody matters will not be emergencies unless the child is at risk of “imminent harm.” When a child is in the other parent’s custody, an emergency may include:
- Abuse, which by law includes “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis” (750 ILCS § 60/103)
- Neglect or disregard for safety
- Substance abuse that impairs the parent’s ability to care for the child
- The presence of a sex offender, such as a roommate or new partner of the parent
- Threats to abduct the child or suspected plans to do so
- A dramatic change in parenting effectiveness and capabilities that is dangerous to the child, such as a mental health crisis
A motion that does not meet the court’s definition of “emergency” will still be scheduled as a regular motion hearing. Non-emergencies include matters that may feel urgent to families but do not risk imminent harm to the child, such as holiday parenting time changes or substance use that does not endanger the child.
If the parent who brought the motion cannot make a good argument that the motion was an emergency, the judge will not be pleased, and they may order the parent to pay fees.
Ex Parte Motions
Sometimes, it may not be safe or even possible to notify the other parent first. When an attorney files a motion requesting a decision without the other party, it is called an ex parte motion.
A judge will not want to hear an ex parte motion on parenting time unless the attorney presents “specific facts” showing “that immediate irreparable harm will be suffered by the child if notice is served before a hearing is held.” Cook County Circuit Court Rules § 13.4(a)(iv). If a judge grants an ex parte motion on parenting time, the other party can move for a rehearing or modification within two days.
Emergency Intervention
When a Cook County judge agrees that the child is in danger, they may order an emergency intervention. The judge may order that a Child Representative or Guardian ad Litem is appointed to the case on the child or children’s behalf.
Granting the Motion
The judge may decide not only to grant temporary custody but to place other restrictions on the parent, such as:
- Requiring a parent to complete a treatment program
- Supervised exchange of the child
- Restricting communication with the child or other parent
- Barring substance use while with the child
- Barring the presence of specific persons when with the child
See 750 ILCS § 5/603.10.
Orders of Protection
A parenting time modification, even as an emergency, is not the same as an order of protection. If you are in fear, your attorney may file for an emergency order of protection (EOP) at the same time to protect you and your child from the other parent or any other party. Unlike in most custody matters, a parent can make an EOP request ex parte.
Don’t Go It Alone
An unstable parent can create a frightening situation for you and your child, and you need the assistance of long-time Chicago child custody attorneys. Filing motions incorrectly may not only fail to get you the help you need but subject you to extra fees. An experienced Illinois family law attorney knows how to persuade the judge of the urgency of a motion. Our team can offer compassionate, strong representation to resolve your child’s situation quickly.
Contact us today at 872-331-4144 to schedule a free consultation at our Chicago or Northbrook offices.
