Haque Legal · Bloomfield Hills · Oakland County Family Law
When a child faces real danger, such as abuse, an impaired parent, or a threat to take the child out of state or out of the country, Michigan courts can act before a full hearing. An emergency (ex parte) order can change custody or parenting time right away, while the case proceeds.
Haque Legal prepares emergency custody motions for Oakland County parents. We ask the judge to act on the papers when the facts support it, and we prepare for the hearing that follows from the start. We also tell you plainly when a situation is serious but not an emergency, because an unsupported request can hurt your credibility.
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Reviewed by Fahd S. Haque, Esq., Founder & Principal Attorney · Updated November 5, 2026
Is a child in danger right now?
Call 911 first. Police and Children’s Protective Services can act immediately; a court order takes time to prepare and sign. Once the child is safe, the next step is a written motion supported by specific, verified facts.
Do not keep a child from the other parent without an order unless safety requires it, and contact us right away if you do. Withholding a child without legal authority can violate an existing order, affect later custody decisions, and in some circumstances be a crime (MCL 750.350a).
We ask the judge to act on the papers when the facts support immediate relief. If the court declines, we ask for the earliest available hearing so a true emergency does not wait on the regular motion calendar.
Emergency motions succeed on specifics: dates, photos, messages, police and CPS reports, and medical records. We build the verified statement around evidence, not adjectives.
An ex parte order is temporary, and the other parent can challenge it within 14 days. We prepare for that hearing from the start, including the best-interest factors and the child's custodial environment.
Threatened moves out of state or abroad raise jurisdiction and passport issues. Our immigration team works in-house when travel documents or status are involved. Family law and immigration
Senior Attorney
The firm’s lead family law attorney, licensed in Michigan since 1993. Divorce, custody, parenting time, and support in the Oakland, Wayne, and Macomb County circuit courts.
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J.D., Wayne State University Law School. Custody, child support formula calculations, post-judgment modifications, and contested parenting time.
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Michigan trial lawyer since 2014. Super Lawyers® Rising Stars 2022–2026. Contested custody, divorce, and property division, prepared as though the case will be tried.
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A court can enter a custody or parenting time order without notice when the verified facts show that irreparable injury, loss, or damage will result from delay (MCR 3.207). The order takes effect when entered.
The other party may file a written objection or a motion to modify or rescind within 14 days after being served; if nothing is filed, the ex parte order becomes a temporary order. If the order could change the child's established custodial environment, the court must hold an evidentiary hearing within 21 days after entering it (MCR 3.207).
Even in an emergency, custody is decided under the best-interest factors (MCL 722.23). Changing an established custodial environment later requires clear and convincing evidence (MCL 722.27).
When a child is in Michigan and faces an emergency, Michigan courts can take temporary emergency jurisdiction even if another state normally decides custody (MCL 722.1204).
Courts reserve ex parte orders for situations where waiting would cause irreparable harm: physical or sexual abuse, a parent caring for a child while impaired, credible threats to conceal or remove the child, or untreated medical needs. Disagreements about school, schedules, or new partners are usually urgent but not emergencies.
When the facts fit, we prepare a verified motion and proposed order quickly. When they do not, we file an expedited motion with a prompt hearing instead. That protects your credibility with the judge who will decide the rest of the case.
Police or CPS involvement, where the child is now, and what happened, with dates.
Photos, messages, reports, medical records, and witness names, organized by date.
A verified statement, a proposed order, and a plan for the hearing that follows.
Each case turns on its facts. These are common situations where Oakland County parents ask the court to act before a full hearing.
Physical or sexual abuse, serious neglect, or exposure to domestic violence in the home.
A parent driving with or caring for a child while intoxicated or impaired.
Credible threats to take the child out of state or out of the country, or to hide the child. Child custody
A parent refusing to return a child after parenting time, contrary to an order. Remedies range from enforcement motions to emergency relief.
A parent refusing necessary medical treatment for a child.
When a personal protection order and parenting time collide, the family court may need to set safe exchanges. Personal protection orders
Also see: PPOs · Unmarried parents · Post-judgment modification
For court locations, Friend of the Court contacts, and local procedures, see our Oakland County Family Court guide.
When the facts support it, a judge can sign an ex parte order without waiting for a hearing. The timing depends on the court's schedule and how quickly the evidence can be gathered, so contact us as soon as possible.
A situation where waiting for a hearing would cause irreparable harm to the child, such as abuse, impaired caregiving, or a credible threat to remove or hide the child. Ordinary disagreements about schedules or parenting styles usually do not qualify.
Not without legal authority, except to protect the child from immediate danger. Withholding a child can violate an existing order and hurt your custody case. If safety is at risk, call 911 and contact us right away.
The other parent is served and has 14 days to file an objection or a motion to modify or rescind it. If nothing is filed, the ex parte order becomes a temporary order. If the order could change the child's established custodial environment, the court must hold an evidentiary hearing within 21 days of entering it. The order stays in effect unless the court changes it.
No. It is temporary. Final custody is decided in the underlying case under the best-interest factors, although the facts behind the emergency are often central to that decision.
Contact us immediately. Michigan may remain the child's home state for custody purposes, and courts can coordinate across states under the Uniform Child-Custody Jurisdiction and Enforcement Act. Quick action matters.
Yes. A custody complaint can be filed together with the emergency motion. For unmarried parents, parentage may also need to be established.
Yes. The initial consultation is free. In an emergency, tell us that when you call so we can prioritize your matter.
Official references: MCR 3.207, ex parte orders · MCL 722.23, best-interest factors · MCL 722.27, modifying custody · MCL 722.1204, temporary emergency jurisdiction · MCL 750.350a, parental taking · Oakland County Family Division
Bring any existing custody order, police or CPS report numbers, photos, messages, and medical records, along with a short timeline with dates. In an emergency, call the office directly at 248-996-9954.
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