"interim custody"
Rose was told to apply for interim child custody since she took the children with her to the shelter. Without an interim child custody order, Rose's husband may charge her with kidnapping.
- Custody refers to legal guardianship of children under 14 years of ago. 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 a family 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.