Vermont Emergency Custody Order: How to Get Temporary Protection

When a child is in immediate danger — abuse, abduction risk, or unsafe living conditions — waiting weeks for a regular court hearing isn't an option. Vermont law provides an emergency pathway that can put a temporary custody order in place within hours.

How Emergency Orders Work in Vermont

An emergency custody order is an ex parte motion, meaning the judge can sign it immediately without the other parent being present or even notified. This is an extraordinary measure — courts grant it only when waiting for a hearing would put the child at real risk.

To file, you need:

1. Motion for Emergency Relief (Form 400-00845) — states what emergency protection you're requesting
2. Family Division Affidavit (Form 400-00804) — your sworn statement with specific facts showing immediate danger
3. A primary custody or divorce filing — emergency motions can't stand alone; they attach to a case

Under 15 V.S.A. § 94, your affidavit must establish through specific, sworn facts that the child faces immediate danger of physical abuse or irreparable harm. General concerns about the other parent's fitness aren't enough. You need concrete, recent incidents that demonstrate the risk.

What Courts Need to See

Judges granting ex parte orders are looking for:

• Evidence of recent physical abuse — injuries, medical records, photographs, police reports
• Credible abduction risk — the other parent has threatened to flee with the child, purchased plane tickets, or has previously taken the child without permission
• Active substance abuse creating an unsafe environment — DUI arrests, witnessed impairment during parenting time
• Immediate danger in the home — dangerous living conditions, presence of individuals who pose a threat to the child

"I'm worried about their parenting" doesn't clear this bar. The threshold is immediate physical danger or irreparable harm, not general custody dissatisfaction.

After the Emergency Order

An ex parte emergency custody order is strictly temporary. Once granted:

• The court schedules an expedited hearing within days — not weeks
• You must arrange immediate personal service of the emergency order and hearing notice on the other parent
• At the expedited hearing, both parents present evidence and the judge decides whether to continue, modify, or dissolve the temporary order
• The final order follows the standard best-interests analysis under 15 V.S.A. § 665(b)

Temporary Emergency Jurisdiction Under the UCCJEA

Even if another state has primary jurisdiction over your custody case, a Vermont court can exercise temporary emergency jurisdiction under the UCCJEA if:

• The child is physically present in Vermont, AND
• The child has been abandoned, or emergency protection is required because the child, a sibling, or a parent faces mistreatment or abuse

This is common in domestic violence situations where a parent and child have fled to Vermont from another state. The Vermont court can enter a temporary protective order while coordinating with the home-state court on permanent jurisdiction.

When to Seek a Regular Temporary Order Instead

If the situation is serious but not an immediate emergency — like escalating conflict, concerning parenting decisions, or the need for a structured temporary schedule — file for a regular temporary order rather than an emergency one. The court typically schedules a status conference within 45–90 days of filing, where a case manager can establish a temporary parenting schedule.

Filing an emergency motion when the facts don't support one can damage your credibility with the judge — and judges remember.

What to Do Right Now

If your child is in immediate danger, call 911 first. Then contact the Family Division clerk's office to file your emergency motion. Keep records of everything — texts, voicemails, photographs, medical documentation.

The Vermont Child Custody & Parenting Plan Guide covers the emergency order process alongside the regular custody filing workflow, including how to transition from a temporary order into a permanent parenting plan.

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