Custody Hearing
A client has applied for an emergency child arrangements order at a local family court to ensure the safety of their child amidst concerns of domestic abuse, child abuse, and substance misuse involving the other parent. The client has expressed urgent concerns about the other parent’s mental health, substance use, and history of violence, which pose a potential risk to the child’s wellbeing. The application includes requests for a prohibited steps order to restrict changes to the child's circumstances and has flagged previous proceedings involving the child. The client believes it is in the child’s best interest to reside with them due to their stable and supportive environment.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat should I prepare or bring to the emergency custody hearing?
To prepare for your emergency custody hearing, ensure you have all relevant documents, such as the application form, past court orders, and evidence supporting your claims about your child's welfare and the other parent's alleged behaviour. Bring a copy of any communication between you and the other parent showing concerns for your child's safety, like text messages or emails. If applicable, include character references from friends or family attesting to your parenting capability. It may also be beneficial to have a list of witnesses who can testify to the other parent's conduct and your child's well-being under your care.
What factors will the court consider when deciding on emergency custody?
When deciding on emergency custody, the court primarily considers the child's welfare and safety as paramount. Factors include the risk of harm, the child's emotional needs, and any evidence of domestic abuse or neglect. The court will evaluate both parents' ability to provide for the child's physical and emotional needs and examine any history of substance misuse or mental health issues.
How long does an emergency custody order typically last, and what are the next steps after the hearing?
An emergency custody order typically lasts until the next court hearing. It is a temporary measure put in place to address immediate concerns about a child's welfare. After the initial hearing, the court may schedule further hearings to gather more evidence, assess the situation, and decide on a long-term arrangement. It is crucial to attend all hearings and comply with court instructions to demonstrate your commitment to your child's welfare.
What are the potential outcomes of the hearing, and how can they affect my child's custody arrangement in the long term?
The potential outcomes of the hearing could include granting you temporary custody if the court finds sufficient evidence of risk to the child. The court will primarily focus on the child's best interests, including his safety and well-being. A temporary custody order, if granted, could lead to a more permanent arrangement depending on future assessments and hearings.
