• Custody refers to legal guardianship of children. The law assumes at first that both parents have custody of their children.

• You may want an order for interim (short-term) custody in an emergency situation when you have left your spouse and taken the children with you.

• Interim custody is a temporary custody order that lasts until a judge makes a final decision on custody.

• You have to apply to court for an order to change the normal situation of both parents having custody of the children.

• If you can, make some preparations before you leave, for example, save some money for a lawyer and get some legal advice.

• If you do not get an interim custody order and you have not let your spouse see the children, you can be charged with kidnapping (criminal abduction) of the children.

• To avoid the possibility of criminal charges, get an interim custody order as soon as possible after leaving.

• Get legal advice from a lawyer who practices family law.

• The court can make an interim custody order on very short notice, that is, within 24 hours.

• When making a decision about custody, the judge will look at what is best for the child(ren). Therefore, be prepared to show why the children should be with you.

Updated: May 2002