Emergency Custody Orders in New Jersey

Emergent hearings

The Judiciary’s Emergent Hearing (Order to Show Cause), CN 11523 explains that orders to show cause are generally used to avert or prevent irreparable harm to a child or to protect the child’s health, safety and welfare, that the court may issue an emergency order in its discretion, and that only a judge can determine whether an emergency hearing is necessary. Its examples include emergency custody, termination of visitation, and temporary prevention of a child’s relocation outside New Jersey. It says non-payment of child support is not an issue for an order to show cause.

• New FD case. Complete the Verified Complaint or Counterclaim and the other forms for a new case, check other relief, and write that you are requesting an emergency hearing, along with the Emergent Application.
• Existing FD case. Use the Application/Cross Application to Modify a Court Order, state in the open relief item that you are requesting an emergent hearing, and complete the Emergent Application.
• FM or FV case, or a new divorce. Complete both the Emergent Application and the Order to Show Cause forms.

The Judiciary’s emergent hearing page lists three ways to file: through JEDS, by delivering the forms to the county courthouse, or by mail. Its JEDS page says emergent matters can be submitted 24 hours a day, seven days a week, and those filed while the courts are closed are processed on the next business day. The older 2019 FD kits say an emergent hearing must be filed at the courthouse and not by mail, so confirm the method with the Family Division if time matters. If you are denied an emergency hearing, the kits say your case continues under the normal process.

Self-help is not an option

N.J.S.A. 9:2-3 says no child shall be taken forcibly or against the will of the parent having custody by the other parent without a court order. If a child is in New Jersey and has been abandoned, or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse, a New Jersey court has temporary emergency jurisdiction even if another state would otherwise decide custody (N.J.S.A. 2A:34-68(a)).

Domestic violence restraining orders

A person aged 18 or older, or an emancipated minor, subjected to domestic violence by a spouse, former spouse, or present or former household member can seek protection, as can a person of any age abused by someone with whom they have a child in common (or expect one, if one of them is pregnant), and a person abused by someone they have had a dating relationship with (N.J.S.A. 2C:25-19(d)).

• Temporary restraining order. A complaint may be filed in the Family Part, and when the court is closed, before a Family Part or assigned municipal court judge. The judge may enter an ex parte order when necessary to protect the life, health or well-being of the victim (N.J.S.A. 2C:25-28(f); R. 5:7A(a)). You may apply where the act occurred, where the defendant lives, or where you live or are sheltered (N.J.S.A. 2C:25-28(a)).
• Final hearing. Except as the statute otherwise provides, a hearing is held in the Family Part within 10 days of the complaint (N.J.S.A. 2C:25-29(a); R. 5:7A(e)). A final order issues only on a specific finding of domestic violence or the defendant’s stipulation to it (R. 5:7A(e)).
• Custody. A restraining order may award temporary custody of a minor child, and the court shall presume that the best interests of the child are served by an award of custody to the non-abusive parent (N.J.S.A. 2C:25-29(b)(11)).
• Parenting time. Any parenting time order must protect the safety and well-being of the plaintiff and the children and specify the place and frequency of parenting time, and may provide for a location away from the plaintiff, a third party, or supervision. The court must consider a request by a custodial parent who has been subjected to domestic violence for a risk assessment before a parenting time order is entered, and must consider suspending parenting time and holding an emergency hearing if the plaintiff certifies under oath that the defendant’s access threatened the child’s safety (N.J.S.A. 2C:25-29(b)(3)).
• No mediation. Where a temporary or final order has been issued, no party shall be ordered to participate in mediation on custody or parenting time (N.J.S.A. 2C:25-29(a)).

The Judiciary’s domestic violence page explains that you can apply at the courthouse in person or by phone during business hours, or at your local police department when the courts are closed, and that a final restraining order continues unless changed by the court. If you are in immediate danger, call 911.

Primary sources

Rules and forms change. Check the current version at the source before you file. New Jersey statutes are published by the Legislature, and the Rules Governing the Courts by the Judiciary. Neither site offers a stable link to a single section, so statute and Court Rule links open the official search page; search there for the citation shown.

• CN 11523, Emergent Hearing (Order to Show Cause)
• R. 5:7-2(b), restraints pendente lite
• R. 5:7A, domestic violence restraining orders
• N.J.S.A. 9:2-3, custody when parents live separately
• N.J.S.A. 2A:34-68, temporary emergency jurisdiction
• N.J.S.A. 2C:25-19, 2C:25-28 and 2C:25-29, Prevention of Domestic Violence Act
• NJ Courts, emergent hearings (FD)
• NJ Courts, JEDS electronic filing
• NJ Courts, domestic violence