Emergency Exceptions for Parenting Time
Understanding the intricacies of family law can be complex, especially when it comes to the sensitive issue of parenting time or custody orders. One area that often raises questions is the concept of emergency exceptions. This blog post seeks to shed light on this issue, specifically focusing on Rule 14(4.2) of the Rules, which provides an exception to standard procedures in certain circumstances.
What are Emergency Exceptions?
Emergency exceptions refer to situations where the court deems there is an urgency or hardship, or for some other reason in the interests of justice, a case conference is not required. This means that a motion can be brought on an emergency basis, bypassing standard procedures. But what constitutes an 'emergency'?
Circumstances Considered as Emergencies
While each case is unique and subject to the court's discretion, there are some common scenarios that courts have deemed to be situations of urgency or hardship. These include:
Risk of Abduction or Withholding: If there is a real threat that the other parent may attempt to abduct the child or withhold the child from the parent seeking the order, emergency intervention may be necessary.
Violent or Mentally Unstable Parent: Cases where the other parent has been violent or has mental health issues that could negatively impact the child can be considered urgent. In these situations, any contact could pose a risk to the physical or emotional well-being of the child.
Refusal to Return Child: If there is an existing parenting order or a significant period of de facto custody, and the access parent now refuses to return the child or allow the primary parent to pick up the child, this could warrant an emergency motion.
Domestic Violence: Instances where there has been domestic violence, particularly where criminal charges have been laid or are pending, can be seen as emergencies. This is especially true if the police have not been able to locate the alleged perpetrator.
Denial of Contact: The courts have also entertained motions on an urgent basis where one parent has refused to allow the other parent to have contact with the child in the absence of an order or bail conditions prohibiting such contact.
Conclusion
Navigating the complexities of family law, especially in high-stress situations that may warrant emergency exceptions, can be challenging. It's crucial to understand when and how these exceptions can be applied. Always remember that the primary focus should be on the child's best interests. If you find yourself in a situation where you believe an emergency exception may be necessary, it's advisable to seek legal counsel to guide you through the process.
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