Custody disputes can take months to resolve, but sometimes waiting isn’t an option. If a child is in immediate danger or facing serious harm, Minnesota law allows parents to request an emergency (ex parte) custody order—a court order issued without notifying the other parent first.
These emergency orders are rare and reserved for situations where fast action is needed to protect a child’s safety or well-being. This guide explains when Minnesota judges grant emergency custody relief, how the process works, and what you should know before filing.
Don’t lose what’s most precious in your life. Contact an attorney today.
What is an emergency (ex parte) custody order?
An ex parte custody order is a temporary court order issued without the other parent’s participation or prior notice. Judges only grant these orders in urgent situations, typically when waiting for a standard hearing would put a child at risk.
Under Minnesota Statutes § 518.131, subd. 3, courts can issue temporary custody orders if a parent shows that the child:
- Is in immediate danger of physical or emotional harm,
- Is being removed from the state in violation of a court order, or
- Faces other serious circumstances requiring emergency intervention.
In most cases, the order lasts only a few days or weeks—just long enough to stabilize the situation until both parents can appear for a full hearing.
Learn more about how temporary custody and parenting time work on Martine Law’s child custody page.
When Minnesota judges grant emergency custody relief
Judges do not grant ex parte orders lightly. The parent requesting emergency relief must present sworn statements and evidence showing that the situation is truly urgent.
Common situations where courts may grant an emergency custody order:
- Domestic violence or abuse: The child or a parent has been physically harmed or threatened.
- Substance abuse or impairment: The other parent is under the influence while caring for the child.
- Neglect or unsafe living conditions: The home environment poses a danger (e.g., lack of supervision, exposure to drugs, weapons, or hazardous individuals).
- Abduction or flight risk: There’s evidence the other parent plans to remove the child from Minnesota or hide them.
- Violation of an existing order: A parent refuses to return the child after parenting time.
Each case is fact-specific, and judges require credible, verifiable evidence—not speculation or ongoing disagreements.
For reference, see Minn. Stat. § 518.131 and Minn. Stat. § 518.179, which outline emergency custody provisions and restrictions when domestic violence is involved.
What evidence helps support an emergency custody request
Because ex parte orders are granted without the other parent’s input, the requesting parent bears a heavy burden to prove urgency. Strong evidence can include:
- Police reports or active protection orders (OFPs, DANCOs).
- Medical records showing injury or harm to the child.
- Photos or videos documenting unsafe conditions or neglect.
- Sworn affidavits from teachers, doctors, or witnesses.
- Messages or social media posts showing threats or plans to flee.
- Prior court orders demonstrating violations or noncompliance.
The stronger your evidence, the more likely the court will consider emergency relief appropriate.
For help gathering and presenting this evidence effectively, contact Martine Law’s family law team.
How to file for an emergency custody order in Minnesota
1. File a motion and supporting affidavit
You’ll submit a Motion for Emergency (Ex Parte) Relief in the district court where your custody case is filed or should be filed. You must explain in detail:
- The immediate danger to the child.
- Why normal court timelines would put the child at risk.
- What specific relief you’re requesting (temporary custody, restrictions, or no contact).
2. Submit sworn statements and exhibits
Attach any documentation—police reports, photos, messages, or witness statements—that supports your claim.
3. Judge reviews your motion without a hearing
Because it’s ex parte, the judge can grant, deny, or schedule a hearing without notifying the other parent first.
4. Short-term order issued (if granted)
If granted, the order typically lasts a few days to two weeks until a full hearing is held.
5. Follow-up hearing with both parties
The court will schedule a hearing (often within 7–14 days) where both parents can present their sides. At that point, the judge may:
- Extend or modify the temporary order, or
- Deny the request and restore the prior custody arrangement.
This process ensures that emergency protection is available when needed while preserving due process for both parents.
When emergency requests are denied
Judges deny emergency custody requests when:
- There’s no immediate threat to the child.
- The allegations involve routine parenting conflicts (e.g., disagreements over bedtime or school choice).
- The motion lacks specific facts or evidence.
- The request appears to be retaliatory or an attempt to gain leverage in an ongoing case.
Filing a weak or unfounded emergency motion can damage your credibility and may even lead to sanctions. It’s crucial to speak with a lawyer before filing.
For guidance, see Martine Law’s Minnesota divorce and custody resources.
Alternatives to ex parte custody orders
If the situation is serious but not an emergency, Minnesota law offers other options:
- Motion for temporary custody or parenting time under § 518.131 (requires notice and a hearing).
- Order for Protection (OFP) under § 518B.01 if domestic violence is involved.
- Modification of custody for ongoing concerns about stability or safety.
- Parenting time restriction if a parent’s conduct endangers the child.
These options can still provide legal protection while following standard due process.
Key takeaways
- An emergency (ex parte) custody order gives a judge authority to act immediately when a child faces imminent harm.
- These orders are temporary and granted only with strong, sworn evidence.
- Judges typically issue them for abuse, neglect, abduction, or other urgent safety threats.
- A follow-up hearing with both parents is required to confirm or modify the order.
- Filing prematurely or without proof can hurt your case—consult an experienced attorney first.
If you believe your child is in immediate danger or need to respond to an emergency custody order in Minnesota, Martine Law can help. Our family law attorneys act quickly to protect children while preserving your parental rights.
We’ll help you gather evidence, prepare filings, and present a strong case for your child’s safety and stability.
Contact Martine Law today for urgent legal guidance and a confidential consultation.