Emergency Hearings
YOU MUST HAVE AN OPEN CUSTODY CASE BEFORE YOU MAY FILE FOR AN EMERGENCY HEARING.
The general criteria for granting an emergency hearing:
- A child in immediate physical danger.
- A child who has been kidnapped.
- Other situations on a case-by-case basis as determined by a Family Division Magistrate.
Generally, the following are not considered emergencies (though determinations are made on a case-by-case basis by a Family Division Magistrate):
- Changes of custody to enroll children in school.
- Unsubstantiated threats to remove children from the jurisdiction.
- Financial issues.
- Visitation issues.
- Contempt.
PROCEDURE
Paperwork for requesting an emergency hearing is available from the Pro Se Office in Room 114, Cummings Courthouse (111 North Calvert Street). Please sign in at the Sheriff’s station in front of the Family Courtrooms and indicate on the sign-in sheet that you are requesting an emergency hearing. Please note: if you are not using the form pleading, you are required to comply with Rule 1-351(b), and your pleadings must contain the requisite certifications.
- After the paperwork is complete, please make 2 copies.
- The original gets filed in the Family Clerk’s Office (Room 109).
- One copy must be mailed to the other party (regular mail).
- Retain one copy for your records.
Upon receipt of the pleading, the Family Clerk’s Office will docket the pleading and send the file to a Family Magistrate.
The Magistrate will review the pleading and case file and decide whether an emergency hearing is appropriate.
If the Magistrate sets a hearing, you will be notified of the date and time for that hearing by telephone. There will not be a hearing on the same day. PLEASE DO NOT CALL THE COURTHOUSE TO CHECK ON THE STATUS OF YOUR REQUEST. You are responsible for letting the other party know about the hearing. Generally, face-to-face notification is required. If you fail to notify the other party about the hearing, the Magistrate cannot proceed with the hearing.
If the Magistrate determines that an emergency hearing is not appropriate, you will receive a copy of an order in the mail denying your request.
