Emergency Custody Orders
If you believe your child is at immediate risk of harm, you may need an emergency custody order to protect them. These orders can be made quickly by the Family Court to ensure a child’s safety while longer-term arrangements are considered.
At National Legal Service, our specialist family solicitors act fast in urgent situations. We understand how distressing these cases can be and will guide you through the process with sensitivity and care.
What Is an Emergency Custody Order?
An emergency custody order, legally known as a Child Arrangements Order made on an urgent basis, allows one parent or carer to take temporary responsibility for a child’s care and protection. It is usually sought when there are serious concerns about a child’s safety, such as:
- Physical, emotional or sexual abuse
- Neglect or exposure to harm
- Domestic abuse within the home
- Risk of abduction or removal from the country
The court can make an order without notifying the other parent if there is evidence that delay could place the child at further risk. This is known as a without notice or ex parte application.
When You Can Apply for an Emergency Custody Order
You can apply for an emergency custody order if you believe your child is in immediate danger and needs to be removed from their current situation. This might include situations where:
- The other parent refuses to return the child after contact
- There are credible threats of harm or abduction
- The child’s living environment has become unsafe
- There are serious safeguarding concerns raised by professionals or family members
Our solicitors can assess your situation quickly and advise whether an emergency application is appropriate.
How the Process Works
Emergency applications are made to the Family Court, often on the same day. The process typically involves:
1. Preparing the application: Your solicitor will help you complete the necessary forms and gather evidence, such as witness statements, police reports or medical records.
2. Court hearing: The judge will review the evidence and decide whether to make an immediate order.
3. Short-term protection: If granted, the order will usually last until a full hearing can take place, often within a few days or weeks.
4. Further hearings: The court will then consider longer-term arrangements based on the child’s welfare and both parents’ circumstances.
Our team can represent you at every stage, ensuring your child’s safety remains the court’s top priority.
What the Court Considers
The court’s main concern is always the child’s welfare, guided by the Children Act 1989. Judges will consider:
- The child’s physical, emotional and educational needs
- The likely effect of any change in circumstances
- The child’s wishes and feelings (depending on age and understanding)
- Any risk of harm
- Each parent’s ability to meet the child’s needs
The court will only make an emergency order if it is satisfied that the child’s safety cannot be protected in any other way.
After an Emergency Order Is Granted
Once an emergency custody order is in place, the court will usually schedule a follow-up hearing to review the situation. Both parents will have the opportunity to present evidence, and professionals such as Cafcass may become involved to assess what arrangements are in the child’s best interests.
Our solicitors will continue to support you through this process, helping you prepare for the next hearing and working towards a stable, long-term solution.
Legal Aid & Urgent Representation
If you are experiencing domestic abuse or your child is at risk of harm, you may be eligible for legal aid. Our team can assess your eligibility immediately and, where possible, act on an emergency basis to secure protection for your child.
We have extensive experience in urgent family law applications and can often arrange same-day representation.
Why Choose National Legal Service?
• One of the UK’s largest providers of family legal aid
• Offices across England for local support
• Experienced in complex and sensitive child law cases
• Trauma-informed, empathetic approach
• Clear communication and practical guidance throughout
We understand that acting quickly can make all the difference. Our solicitors are here to help you take immediate steps to protect your child.
Speak to Our Emergency Custody Solicitors
If you believe your child is at risk, please seek legal advice straight away. Our emergency custody solicitors can act urgently to help you apply for an order and ensure your child’s safety.
Call 020 3601 5051 or request urgent legal advice today.