What is Emergency Child Custody in Massachusetts? In Massachusetts family law, emergency child custody refers to an immediate, temporary court order designed to protect a child from imminent and significant harm. Unlike typical custody proceedings, which can take months to resolve, an emergency order is sought when a child's safety, health, or welfare is in immediate jeopardy. This is often referred to as an "ex parte" order because it can be issued by a judge without the other parent being present in court, based solely on the petitioning parent's sworn testimony and evidence. The core purpose of emergency custody is not to gain a permanent advantage in a custody dispute, but rather to provide immediate protection. It's a powerful legal tool, and the courts reserve its use for truly dire circumstances where delay could result in irreparable harm to a child. The legal standard is strict, requiring concrete proof of an immediate threat. When Is Emergency Cust...