Emergency and Ex Parte Custody Orders in Minnesota

Last reviewed November 3, 2026

Ex parte custody in Minnesota refers to a temporary emergency order that changes a child’s care before the other parent has been heard and before a full hearing can take place. Minnesota offers several distinct legal routes to such an order. Each has its own standard, its own procedure, and its own list of people who may use it. This page explains how the routes differ and what the court requires on each. It is part of the site’s guide to custody and parenting in Minnesota.

When a child faces immediate danger, law enforcement and county child protection can act faster than any court filing. The procedures below address what happens in family court.

What “Ex Parte” Means

An ex parte order is one issued after the court hears from only one side. Because the other parent has not yet been heard, Minnesota limits these orders carefully. It also requires a prompt follow-up hearing at which both sides may present evidence.

Route 1: Ex Parte Relief in a Divorce or Custody Case

The Legal Standard

In a dissolution, legal separation, or custody proceeding, a party may request an ex parte restraining order (Minn. Stat. § 518.131, subd. 3). Such an order may include most of the terms available in a temporary order. However, the statute imposes a key limitation. Custody may not be transferred, and parenting time may not be withheld, through an ex parte order without a judicial finding that the children face an immediate danger of physical harm.

Concerns about parenting quality, missed exchanges, or general conflict usually do not meet that threshold. Instead, those issues are addressed through an ordinary motion for temporary relief, heard with notice to both parties (§ 518.131, subd. 1).

The Procedural Requirements

The family court rules add specific requirements (Minn. Gen. R. Prac. 303.04). The party seeking emergency relief must state in a motion and affidavit:

1. why emergency relief is required;
2. the specific relief requested;
3. any other attempts to obtain similar relief, and their results;
4. the judicial officer who heard any prior request; and
5. if a prior request was denied, what new facts support the current one.

The party must also submit a proposed order. In addition, the motion must be served on the other party with notice of the hearing. The court may waive notice only in two cases. One is when the moving party shows a good-faith but unsuccessful effort to give notice. The other is when the supporting papers show good cause to proceed without it.

The Return Hearing

An emergency order granted without notice must include a return hearing date. If the order affects custody or parenting time, the hearing must be set within 14 days after relief is granted (Rule 303.04(f)). The restraining order must also be personally served on the restrained party with notice of that hearing (§ 518.131, subd. 4).

Route 2: An Order for Protection on a Child’s Behalf

When the danger involves domestic abuse, an order for protection may be the more direct remedy (Minn. Stat. § 518B.01). A parent or other family or household member may petition on behalf of a minor child. If the petition alleges an immediate and present danger of domestic abuse, the court may issue an ex parte order the same day.

After a hearing, the court may award temporary custody and set or restrict parenting time as part of the order. The statute also sets a fast hearing schedule, generally within 7 to 14 days depending on the relief sought (§ 518B.01, subd. 5).

Route 3: Emergency Requests by Grandparents and Other Third Parties

A person other than a parent, such as a grandparent, may seek custody as a de facto custodian or as an interested third party (Minn. Stat. § 257C.03). Emergency and temporary hearings in these cases follow the same temporary-order standards in § 518.131 (§ 257C.03, subd. 5).

A third-party petitioner may ask that the case be expedited, with an affidavit stating specific supporting facts. The court must grant ex parte or temporary relief if the petitioner and the situation fit the statutory criteria for a de facto custodian or interested third party. Even so, parents keep strong constitutional protections, and the third party carries a significant burden. See Grandparent Custody.

Route 4: Child Protection and Emergency Protective Care

Separately from family court, a peace officer may take a child into immediate custody in limited circumstances. One example is when a child is found in surroundings that endanger the child’s health or welfare (Minn. Stat. § 260C.175). The county may then file a child protection petition in juvenile court. This is a government action, not a request by a parent. Different rules and rights apply, including a right to appointed counsel. See court-appointed attorneys in custody cases.

Emergencies Involving Another State

When a child is in Minnesota but another state normally has custody jurisdiction, Minnesota courts still have limited authority. A court may exercise temporary emergency jurisdiction when the child is present and has been abandoned, or when protection is needed from mistreatment or abuse (Minn. Stat. § 518D.204). That authority is temporary, and the court must coordinate with the other state’s court.

After the Emergency Order

An emergency order is a short-term measure. At the return hearing, the court decides whether to continue, modify, or dissolve it based on evidence from both sides. Afterward, the case proceeds toward a longer-term custody determination under the best-interests factors (Minn. Stat. § 518.17). A request that overstates the danger can damage a party’s credibility for the rest of the case. For that reason, accuracy in the supporting affidavit is essential.

When an existing custody order is already in place, a lasting change requires a modification under Minn. Stat. § 518.18. That statute sets a high endangerment standard. See Child Custody Modification.