Emergency Custody Orders in Wales: What You Need to Know

When a child faces immediate danger — whether from abuse, neglect, or a parent threatening to remove them from the country — waiting weeks for a standard court hearing is not an option. Welsh family courts allow urgent applications that can produce a protective order within hours.

Understanding which type of emergency order applies and how to file one correctly can make the difference between getting protection and having your application returned incomplete.

Without Notice Applications for Child Arrangements

A "without notice" application (formerly called an "ex parte" application) lets you ask the family court to make a Child Arrangements Order without the other parent being informed in advance. The court can grant this on the same day you file.

You'll need to demonstrate genuine urgency. Courts will consider a without notice application when:

• There is evidence the other parent plans to remove the child from England and Wales imminently
• The child is at risk of physical harm if contact continues before a hearing can be arranged
• Delay in making the order would cause irreversible harm to the child

The application uses the standard C100 form, but you'll need to clearly explain on the form why notice to the other parent should be dispensed with. A supporting statement setting out the specific facts — dates, incidents, evidence — is essential.

If the court grants the order without notice, it will list a "return date" hearing within 14 days where the other parent can attend and respond. The emergency order is temporary until the court hears both sides.

Emergency Protection Orders (EPOs)

Emergency Protection Orders are different from Child Arrangements Orders — they sit in public law, not private law. An EPO is typically applied for by a local authority (social services), although any person can apply.

An EPO authorises the removal of a child from their home, or prevents their removal from a safe place, for up to eight days (extendable by seven days). The threshold is high: the applicant must show reasonable cause to believe the child is likely to suffer significant harm.

In practice, if you believe your child is in immediate danger from the other parent, you should:

1. Contact the police if there is an imminent physical threat — they have powers under Section 46 of the Children Act 1989 to take a child into police protection for up to 72 hours without any court order
2. Contact your local authority children's services who can apply for an EPO if the situation warrants it
3. Apply for a without notice Child Arrangements Order yourself through the family court if the threat is serious but not immediately physical

Prohibited Steps Orders in Emergencies

If your concern is that the other parent will take the child abroad or change their living arrangements, a Prohibited Steps Order can be applied for on a without notice basis. This order specifically prevents the named action (e.g., removing the child from Wales, changing the child's school) until a full hearing takes place.

Court Fees and Legal Aid

The standard C100 filing fee is £270. If you qualify for fee remission based on income or benefits, you can apply using Form EX160 — but in genuine emergencies, don't let the fee application delay your filing. Courts can accept applications and process fee remission separately.

Legal aid is generally unavailable for private family law proceedings. The exception is cases involving domestic abuse — if you have supporting evidence (such as a police report, MARAC referral, or GP letter), you may qualify for legal aid through the Legal Aid Agency.

What to Do Right Now

If you're facing an emergency situation:

• Immediate danger: Call 999 or the Live Fear Free Helpline (0808 80 10 800) for Welsh residents
• Safeguarding concern: Contact your local authority's children's services duty team
• Urgent court application: Contact your nearest family court and ask about same-day without notice procedures

The Wales Child Custody & Parenting Plan Guide includes a court process roadmap covering both standard and emergency pathways, helping you understand which forms to file and when.

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