In a court proceeding involving custody, either parent can request that the court issue an Order restraining the movement of the child or children.

If the child is in “immediate danger”, a parent can appear before the court “ex parte”, meaning without the other side being present in court, and request that the court establish custody and parenting time. The court will find that there is immediate danger based on a sworn statement and is in court and the court finds that there is “immediate danger.”

If the child is not in immediate danger, either parent may present an application, or Motion, to the court to preserve the child’s present status quo. Under a status quo application, the court will:

• Prohibit either party from changing the child’s usual place of residence;
• Interfering with the child present placement and daily schedule
• Hiding or secreting the child from the other party
• Interfering with the other party’s usual contact and parenting time with the child;
• Leaving the state with the child without the written permission of the other party or permission of the court;
• Disturbing the current schedule and daily routine of the child.

In either case, whether the child is in immediate danger or not, the other parent may request a hearing to contest the Order issued by the court. The court is required to hold a hearing between 14 and 21 days after receipt of the request for hearing is filed.

If there is no immediate danger to the child, the only issue the court will rule on at a hearing is what the status quo was at the time the Order was issued. The status quo goes back three months.

If a hearing is requested under the immediate danger statute, the only issue the court will consider at the hearing is whether or not there was immediate danger.