Emergency Motion to Restrict Parenting Time
When you have concerns about your children’s emotional or physical safety while in the care of the other parent, there are steps you can take to implement protections for your children during parenting time by filing an Emergency Motion to Restrict Parenting Time.
In order for the Court to grant a restriction of a parent’s time with their children, it must be demonstrated that the children are in imminent danger of emotional or physical harm due to parenting time with the other parent. Imminent danger is focused on the immediate present, and a risk that will occur in the present day if parenting time is allowed to continue with the restricted parent. As such, imminent danger is not focused on harm that occurred six months ago, or one year ago. It must be a danger of emotional or physical harm that is sure to occur in the immediate present if the Court does not intervene to protect the child.
A Motion to restrict Parenting Time is self executing. The implications of this are profound. Upon the moment of filing, parenting time is restricted immediately and must be supervised until the Court has an opportunity to review the facts plead by the filing parent. If there is a prima facie basis for the Court to be concerned that the children may indeed be in imminent danger of physical or emotional harm, the Court will continue the restriction and a hearing will be set to occur within fourteen (14) days.
At this hearing, both parents present evidence for why the parenting restriction should remain in place, or alternatively, why it should not be in place as the facts do not support a restriction. It is important that you present a strong case to the Court, and having an attorney experienced with emergency motions to restrict by your side can help you focus on what is most important: protecting your children.
Unfortunately, some parents try to use this emergency mechanism to raise false allegations against the other parent in order to gain a strategic advantage in their child custody matter or simply to alienate the children from the other parent. The Court is aware of the potential risk for misuse that this safety mechanism can represent. Under the law, a parent may sue for attorney’s fees where such a Motion to restrict has been filed without grounds.
Whichever side of a parenting time restriction you may find yourself, whether to protect the safety of your children or defend yourself against false claims of endangerment to your children, you need the support of an attorney experienced with successfully advancing and defending Emergency Motions to Restrict Parenting Time.
Elevated Family Law is here to help you through your Emergency Restriction case process. Call us today for assistance. (970) 797-4757.