Addressing Emergency Custody Issues in Philadelphia During the COVID-19 Pandemic

In an unprecedented move to reduce the spread of COVID-19, on March 18, 2020, the Pennsylvania Supreme Court issued a 10-page Order declaring a statewide judicial emergency throughout Pennsylvania. This resulted in the closing of courts to the public through at least April 3, 2020. The Order specifically carves out exceptions for certain “essential functions” that will remain open. Essential functions include emergency child custody matters. The Order can be viewed here.

With procedural questions remaining in Philadelphia, on March 23, 2020, the First Judicial District of Philadelphia outlined the procedures to follow when filing an Emergency Custody Petition. That Order can be viewed here. Below is a step-by-step approach for filing an Emergency Custody Petition in Philadelphia to be followed until the Family Court reopens:

1.An Emergency Custody Petition setting forth all relevant information and describing the emergency must be completed and verified by the Petitioner.

2.The filing of an Emergency Custody Petition must be accompanied by the following:

a.A Complaint for Custody if there is no pending custody matter and/or if a Custody Complaint has not been filed; or

b.A Petition for Modification if a prior custody Order has been issued and the Emergency Petition seeks to modify the current custody Order; or

c.A Petition for Contempt if Emergency Petition alleges that the current custody Order has not been complied with.

3.A Domestic Relations Information Sheet must be completed and submitted. The Petitioner must provide a telephone number so the Court may contact him/her.

4.A Criminal Record/Abuse History Verification must also be completed and submitted.

5.Once all of the documents are complete, the Emergency Custody Petition along with the other documents must be forwarded to Family Court by email at custodyemergency@courts.phila.gov.

A template for the Emergency Custody Petition and associated attachments are available at here.

Once submitted, the Emergency Custody Petition and all of the other relevant documents will be reviewed by a judge. The Petitioner will then be notified via email and/or telephone if the Petition is appropriate, i.e., the reviewing judge considers the situation to be an emergency. If there is an emergency, the judge will provide further instructions regarding filing and service.

When filing an Emergency Custody Petition, the most important consideration is obviously “is this an emergency.”

The overarching theme in custody cases is protecting the best interests of the child/ren involved. Some issues need to be addressed immediately to protect children from threats or harm. An Emergency Custody Petition can and should be filed when a child is at risk of or immediate physical danger, has been or is about to be removed from the jurisdiction, and/or if the other parent has been charged with a violent crime. But it’s important to understand that what constitutes an emergency will be narrowly construed by the Court. An emergency situation is one that needs to be addressed by the courts either the same day as the emergency filing or a few days shortly thereafter. Real threats and/or dangers to a child are paramount.

If you have a question about whether your custody matter is an emergency, and for more information generally about emergency custody issues, child custody issues, and other issues regarding support, divorce, pre-marital agreements, adoptions or grandparents’ rights, please contact (215) 656-3600.

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