Temporary Custody Agreement Form

Hi it's Wendy Hernandez attorney and creator of command the courtroom in this week's video I want to talk with you about changing custody and/or parenting time orders on an emergency basis so I wanted to raise this topic because a couple of weeks ago I was sitting in a court that handles restraining orders I was there with my client waiting for my hearing to be called and I was watching all of the people ahead of me talking to the judge about why they should be granted orders of protection also known as restraining orders so in one particular case a woman was begging the judge to issue a restraining order that included her children on it because the woman's acts had just been arrested for driving while impaired while the children were in the car so in Arizona that's considered a felony offense it's a very serious offense well the judge in the courtroom declined to issue a restraining order with the kids on it which would have prohibited the ex from having parenting time with the children because the judge felt as though the woman should have been going back to the family court judge who issued the orders on custody and parenting time and talking to that judge about whether an emergency existed now obviously this was very upsetting to the woman she was distraught it's a lot easier at least in Arizona to get a restraining order very quickly as opposed to going to a family court and filing a motion and then waiting months for a judge to make a decision but depending on your state I'm willing to bet that there is some provision in your state laws that provides for emergencies an emergency is something that could cause irreparable harm to your child or children and the definition again the definition may be vary depending on your state or country so you have to resource those statutes but if your children are in a position where they are at risk of harm or deaths abuse or neglect well certainly that's an emergency and the proper thing to do is file an emergency petition with your court if the judge did Herrmann's that an emergency truly exists then a judge will probably be able to give you relief much more quickly than the judge would give you on a normal case where emergencies don't exist and keep in mind that even sometimes when a judge grants emergency relief that relief is only temporary so the judge may grant a temporary order like in the case of this woman she'd gone to her judge and explained to the judge what happened in an emergency petition and the judge said yes I think there's an emergency the judge may have put an order in effect that the ex-nazi the children until a full hearing was held on the issue but until the judge had the opportunity to hear from the ex so a.