⚠️ Emergency · M.G.L. c. 208, § 31 · Rule 9

Emergency Custody Motion Template

For filing an ex parte Motion for Temporary Orders (CJD 400) when your child is in immediate danger. This template includes the Motion, a Sworn Affidavit, and a Proposed Order — all three documents you need to file.

⚠️ This is a template, not legal advice. Dad Court Help is not a law firm. Emergency custody motions have a high legal bar — "irreparable harm" — meaning without immediate court intervention, the child faces physical or emotional injury that cannot be undone later. If your child is in immediate physical danger, call 911 first. Have a qualified MA family law attorney review before filing. Laws change — verify at mass.gov.

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Step-by-Step: Filing Emergency Custody

Step 1: Call 911 if there is immediate physical dangerPolice response creates a record. Get the report number — you'll need it.
Step 2: Go to the Probate & Family Court in the county where the child livesCall ahead to confirm hours and emergency filing procedures. You can file by email for emergency actions — call first.
Step 3: Bring three documents(A) Motion for Temporary Orders (CJD 400), (B) Sworn Affidavit explaining the emergency, (C) Proposed Order for the judge to sign.
Step 4: Request ex parte reviewTell the clerk you need same-day ex parte review. The judge reviews your motion alone — the other parent is not present.
Step 5: Bring evidencePolice reports, DCF reports, photos, medical records, witness contacts, text screenshots — anything that proves the emergency.
Step 6: If granted — two-party hearing scheduledThe ex parte order is temporary. A hearing with both parents is scheduled shortly after (usually within 10 days) so the other parent can respond.
Step 7: Can't afford the filing fee?Ask for an Affidavit of Indigency (fee waiver). Eligible if income ≤125% of poverty level or receiving MassHealth/SNAP/TAFDC/SSI.

⚠️ The bar is HIGH

Judges require genuine emergency demonstration. Typical qualifying situations: risk of physical abuse, risk of abduction/removal from state, severe substance abuse creating immediate danger, child abandonment or neglect, sexual abuse allegations. Vague concerns or general unhappiness with the other parent will NOT qualify.

Your Case Information

Court / County

Docket Number (if existing case)

Your Full Legal Name

Your Role in Case

Other Parent's Name

Child(ren) Name(s) & Age(s)

Date of Filing

Describe the Emergency (be specific — dates, times, what happened)

What Relief Are You Requesting? (what do you want the judge to order?)

Evidence Attached (list exhibits)

Document A: Motion for Temporary Orders (CJD 400)

This is your formal request to the court. Fill in your information above — the document below updates automatically. Print and file this with the clerk.

COMMONWEALTH OF MASSACHUSETTS

Probate and Family Court

Court: ______________________________

Docket No.: ______________________________

Case Name: ______________________________

MOTION FOR TEMPORARY ORDERS (Ex Parte)

I, ______________________, the Plaintiff in the above-captioned matter, hereby respectfully requests that the Court enter temporary orders on an ex parte basis pursuant to Probate and Family Court Rule 9, and in support thereof states as follows:

1. I am the Plaintiff in this matter. The minor child(ren) involved is/are: ______________________________.

2. The other parent is: ______________________________.

3. There is an emergency requiring immediate Court intervention. The facts supporting this request are as follows:

[Your emergency description will appear here as you type above.]

4. The relief I am requesting is as follows:

[Your requested relief will appear here.]

5. I am requesting ex parte review because providing notice to the other parent would create a risk of irreparable harm to the child(ren). The emergency cannot wait for the standard 10-day notice period required by Rule 9.

6. Attached in support of this Motion is my Sworn Affidavit and the following exhibits: ______________________________.

WHEREFORE, I respectfully request that this Court enter the temporary orders requested herein on an ex parte basis, and schedule a two-party hearing at the earliest opportunity.

Respectfully submitted,

______________________, Pro Se

Date: __________

Document B: Sworn Affidavit in Support of Emergency Motion

This is your sworn statement. Do NOT sign at home — you must sign in front of a notary public. Most banks offer free notary services. Bring photo ID.

COMMONWEALTH OF MASSACHUSETTS

Probate and Family Court

Court: ______________________________

Docket No.: ______________________________

Case Name: ______________________________

Affidavit of: ______________________________

I, ______________________, being first duly sworn on this __________ day of __________, 20____, depose and state as follows:

1. I am the Plaintiff in the above-captioned matter. I reside at ______________________.

2. The following statements are based on my personal knowledge and are true and accurate to the best of my belief. If called as a witness in this matter, I could and would testify competently to the facts stated below.

3. The minor child(ren) involved is/are: ______________________________.

4. The other parent is: ______________________________.

5. The following facts constitute an emergency requiring immediate Court intervention. Without immediate Court action, the child(ren) face(s) a risk of irreparable harm:

[Your emergency description will appear here.]

6. The relief I am requesting is as follows:

[Your requested relief will appear here.]

7. I am requesting ex parte review because notice to the other parent would create a risk of irreparable harm to the child(ren).

I declare under the pains and penalties of perjury that the foregoing is true and accurate to the best of my knowledge.

Affiant Signature

Date: ____________________

NOTARY ACKNOWLEDGMENT

Commonwealth of Massachusetts, County of ____________ ss.

On this _____ day of ____________, 20____, before me, the undersigned notary public, personally appeared ______________________, proved to me through satisfactory evidence of identification, to be the person whose name is signed on the preceding document, and acknowledged to me that they signed it voluntarily for its stated purpose.

Notary Public Signature

My commission expires: ____________________

Document C: Proposed Order

This is the order you want the judge to sign. Keep it clear and specific — the judge may sign it as-is or modify it.

COMMONWEALTH OF MASSACHUSETTS

Probate and Family Court

Court: ______________________________

Docket No.: ______________________________

Case Name: ______________________________

PROPOSED EX PARTE ORDER FOR TEMPORARY CUSTODY

This matter came before the Court on an ex parte basis upon the Motion for Temporary Orders filed by ______________________ (the "Plaintiff"), together with the Affidavit in support thereof. The Court having reviewed the Motion and Affidavit, and finding that there is a risk of irreparable harm to the minor child(ren) such that immediate Court intervention is necessary, hereby ORDERS:

1. Temporary sole physical and legal custody of the minor child(ren), ______________________________, is awarded to ______________________ pending further order of the Court.

2. The other parent, ______________________________, shall have no parenting time with the minor child(ren) pending the two-party hearing.

3. The other parent shall stay away from the child(ren)'s residence at __________________________ and the child(ren)'s school/daycare at __________________________.

4. A two-party hearing on this Motion is scheduled for __________ at ________ __M in the ________ County Probate and Family Court. Both parties shall appear.

5. This order shall remain in effect until modified or vacated by further order of the Court.

6. Other relief as requested: ______________________________________________________

Justice of the Probate and Family Court

Date: ____________________

What to Bring to the Courthouse

3 copies of all three documentsMotion (CJD 400), Sworn Affidavit, Proposed Order — one set for you, one for the court, one for the other parent.
Evidence exhibits (3 copies each)Photos, police reports, DCF reports, medical records, text screenshots — labeled as Exhibit A, B, C, etc.
Photo IDRequired for notarization of the affidavit.
Filing fee or Affidavit of IndigencyBring the fee (varies by court) or a completed Affidavit of Indigency if you can't afford it.
Proof of service (if not ex parte)If the court requires notice, bring proof the other parent was served.
Notarized affidavitSign the affidavit in front of a notary BEFORE coming to court. Most banks offer free notary services. Or — many courthouses have a notary on site. Call ahead to confirm.

💡 Pro tip

Call the court clerk BEFORE you go. Ask: "I need to file an emergency ex parte custody motion. What's the process at your court? Do I need to come in person, or can I email?" Some courts accept emergency filings by email. Save yourself a trip if you can.

Key Resources & Links

CJD 400 — Motion for Temporary Orders (official form)Official Mass.gov form. Use this template as a guide — or download and fill the official PDF.
Blank Affidavit (official form)Official Mass.gov blank affidavit form.
Blank Proposed Order (official form)Official Mass.gov blank proposed order form.
Mass.gov — Get an Immediate Custody OrderOfficial step-by-step guide from the state.
Fee Waiver FormsAffidavit of Indigency if you can't afford filing fees.
Find Your CourtAll MA Probate & Family Court locations and phone numbers.

⚠️ Alternative: 209A Abuse Prevention Order

If the emergency involves abuse, you can also file a Chapter 209A abuse prevention order — it's free, can be obtained same-day, and can include temporary custody provisions. A 209A can be filed at District Court OR Probate & Family Court. Learn about 209A orders.

Dad Court Help · Document Pack for Massachusetts · Not legal advice · dadcourthelp.com