Divorce
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Emergency and Temporary Custody Orders in Utah: What Your Options Are

General information, not legal advice. Read the full disclaimer.

Short answer: Utah has three different tools people mean when they say "emergency custody": a temporary order (a court order that governs custody while your case is pending), a temporary restraining order (TRO) (a short-term emergency order, governed by Utah Rule of Civil Procedure 65A, that lasts no more than 14 days), and, where a child is being abused, a child protective order filed in juvenile court. A TRO requires an already-open court case, and the court says it "should only be used for extreme circumstances." If a child is in immediate danger, contact law enforcement or the Division of Child and Family Services (DCFS) — don't wait for a court filing.

Who this guide is for

A Utah parent or relative who needs a court to act quickly on where a child lives or who has access to them, and wants to understand which tool exists, what it requires, and what it cannot do.

Option 1: A temporary order in your custody or divorce case

A temporary order is a short-term order that must be followed until the main case is finished. It applies in divorce, parentage (custody), temporary separation, and modification cases, and can cover:

  • custody, the parent-time schedule, and child support;
  • who lives in the home, who keeps the car, who pays uninsured medical bills, temporary alimony, and attorney fees.

You can file the Motion for Temporary Order at the same time as, or after, your petition. The court cannot hear or decide the motion until you file certificates showing you completed the Divorce Orientation Course and the Mandatory Parenting Course. If the temporary arrangement is working well, the judge may keep it as the final order.

In a case to change an existing order, Utah Courts says temporary changes to custody or parent-time generally require immediate harm, a relocation of 150 miles or more, or making an already-followed schedule official. See Temporary Orders During a Utah Divorce.

Option 2: An emergency TRO

A temporary restraining order is the closest thing to an "emergency custody order." Key points from Utah Courts:

  • You need an open case — a divorce or custody case — called the "underlying case." If a decree was already entered, the case is closed, and you'd need something like a petition to modify custody to reopen it.
  • What you must show: irreparable harm without the order; that the harm outweighs any harm the TRO would cause the other party; that the order wouldn't be against the public interest; and that you are very likely to win the underlying case.
  • Ex parte requests. A judge or commissioner reviews the papers the same day, and may issue the order without telling the other party first. If you don't notify the other parent, you must show either immediate and irreparable harm from notice or the efforts you made to notify them.
  • Duration and hearing. A TRO can last no more than 14 days, and a hearing is set as soon as possible.
  • Bond. The judge may require you to deposit money with the court or post a security bond.
  • What it can order. Among other things, temporary physical custody of a child to a responsible adult, or the immediate return of children to the other party. A Writ of Assistance to Remove Children — an order authorizing law enforcement to take physical custody of children, possibly using force — is described as "only appropriate in extreme emergencies."
  • Service. A TRO binds the other party only after they receive notice, so you must be able to prove they were notified.

For divorce, custody, paternity, annulment, temporary separation, and separate maintenance cases, the required forms are numbered 1401FA and 1402FA (with optional 1403FA); other case types use the "GE" versions. Check the court's forms page for current versions.

If you're on the other side: before a TRO is issued, you can file a Memorandum Opposing the motion, and can ask the court for a telephone conference. After one is issued, follow it, and you can file a motion for an earlier hearing with 48 hours' notice to the other party.

Option 3: If there's no open case and a child is at risk

Utah Courts says that when no court case is open, or a divorce or parentage case is filed but no decree exists yet, and a child is being harmed, you can:

  1. Contact law enforcement.
  2. Contact DCFS (online or 855-323-3237).
  3. File a child protective order in juvenile court.

For a child protective order, the abuse must have been reported to DCFS before you file — the court says it won't consider the petition otherwise. A judge usually reviews the request the same day, and if granted signs a temporary ex parte order and sets a hearing within 21 days. The civil part of a protective order can include custody and support terms, but for more permanent custody orders you'd turn to a divorce or custody case.

If the other parent isn't following an existing order

If a Utah custody order exists and the other parent isn't following it (for example, denying parent-time), the court's remedy is a Motion to Enforce Domestic Order, not a TRO. If the order comes from another state, it has to be registered in Utah first.

What not to do

Taking a child and hiding them, or refusing to return them on your own, can seriously damage your case and may violate existing orders. Emergency tools exist because courts, not parents, are meant to decide these questions quickly when safety demands it.

Frequently asked questions

Can I get emergency custody in Utah without a court case?

A TRO needs an open underlying case. If no case exists and a child is at risk, contact law enforcement or DCFS, or file a child protective order in juvenile court after reporting abuse to DCFS.

How long does a Utah TRO last?

No more than 14 days, with a hearing set as soon as possible.

Is a temporary order the same as emergency custody?

No. A temporary order governs the arrangement while your case is pending (potentially months), while a TRO is a short emergency measure.

What do I have to complete before a temporary-order hearing?

Certificates for the Divorce Orientation Course and the Mandatory Parenting Course must be filed before the court can hear the motion.

Can a judge grant an emergency order without telling the other parent?

Yes, in limited circumstances — but you must show immediate and irreparable harm from giving notice, or explain the efforts you made to notify the other party.

Where do I start?

Utah Courts' self-help center offers free help to people without lawyers, and the forms are available through the court's website.