practice areas
Emergency Motions in Illinois Family Court
When the situation can't wait for a regular court date, we move immediately and get it heard.
Some Situations Cannot Wait for a Scheduled Hearing.
Family law cases move on court timelines — and court timelines do not always match the urgency of what's happening in your life. When a child is in danger, when a parent is about to leave the state with your children, when marital assets are being drained or hidden, or when a living situation has become unsafe, waiting weeks for a regular hearing is not an option.
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Illinois courts have mechanisms for exactly these situations. Emergency motions allow a party to seek immediate judicial intervention when the circumstances genuinely require it. Used correctly, they are one of the most powerful tools in family law. Used incorrectly, they damage credibility and can backfire severely.
What People Mean by an "Emergency Custody Order" in Illinois
Illinois law does not use the word “custody” anymore. What people call an emergency custody order is an emergency motion asking the court to change parenting time or decision-making right now, before the regular hearing, because a child is in danger. The relief can be a temporary order suspending or restricting one parent’s parenting time, an order that a child be returned immediately, an order that the child not be taken out of Illinois, or an expedited appointment of a guardian ad litem. The court can enter that order the same day if the facts support it. What it cannot do is decide the whole parenting case on an emergency basis. The emergency order holds things in place until both parents are heard.
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The standard is serious endangerment to the child that cannot wait. A parent who is late for exchanges, a disagreement about bedtime, or a new partner you dislike will not meet it, and asking the court to treat those as emergencies costs you credibility you will need later in the case.
What Qualifies as an Emergency
Not every urgent situation meets the legal standard for emergency relief. Illinois courts require a specific showing of immediate, irreparable harm — harm that cannot be adequately addressed through the normal scheduling process. Courts are appropriately skeptical of emergency motions that reflect inconvenience or tactical positioning rather than genuine crisis.
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In Cook County, Local Rule 13.4 states:
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(ii) Emergency Motions
a. Emergency motions shall be heard at a time designated by the judge to whom the case is assigned.
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b. Facts identifying the nature of the sudden or unforeseen circumstances which give rise to the emergency and the reason why the matter should take precedence shall be stated with particularity in an affidavit or verification in support of the emergency motion.
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Situations that commonly support emergency relief in family law cases include:
A parent taking or threatening to take children out of state or out of the country without authorization
Credible evidence that a child is being abused or neglected
A parent's active substance abuse creating an immediate safety risk to the child during parenting time
A parent who has disappeared with the child and is not returning calls
Imminent dissipation or transfer of marital assets — a spouse emptying accounts, transferring property, or liquidating investments during a divorce
Domestic violence or credible threats that require immediate protective intervention
A parent who has violated an existing parenting order in a way that places the child at serious risk
A sudden and severe change in a child's living situation that endangers their wellbeing
How Emergency Motions Work
In Cook County, the Domestic Relations Division's General Administrative Order 2022 D 12, as amended effective June 25, 2025, sets the procedure. The motion is filed with a verified statement of the facts that make the situation sudden and unforeseen and why it should take precedence over everything else on the court's calendar. It is then noticed for 9:00 a.m. on the next court business day before the judge assigned to the case, and a courtesy copy of the motion, proof of e-filing, and verification of notice must be emailed to that judge's courtroom before 9:00 a.m. If the courtesy copies aren't in on time, the motion isn't heard that day.
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At the 9:00 call, the judge first decides whether what's presented is actually an emergency. If it is, the court sets the next steps, which can include an immediate temporary order and a prompt hearing on the full record. If it isn't, the motion goes to the regular motion call, and the court can sanction a party who used the emergency procedure to jump the line, including ordering them to reimburse the other side's fees and costs.
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Proceeding without notice to the other side (ex parte) is the exception, not the rule. The order requires a motion presented without notice to set out the specific facts that justify hearing it that way, unless a statute specifically provides for an ex parte hearing. Even when a court grants relief without notice, the order is temporary and the other side is heard quickly.
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DuPage and Will County have their own emergency procedures. We know all three and move through them efficiently.
The First 72 Hours
Day one is preparation and filing. We talk through what happened, gather the texts, photos, police reports, and school or medical records that show it, and draft the motion and the verified statement that explains why the situation is sudden, why it cannot wait, and what order you are asking for. The motion is e-filed and noticed for the next court day, with courtesy copies to the judge’s courtroom before 9:00 a.m.
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Day two is the emergency call. The judge first decides whether the motion is an emergency at all. If it is, the judge either hears it right then or sets it for a short hearing within days and, when the facts warrant, enters a temporary order in the meantime. If the other parent was not given notice, any order entered is temporary and they are entitled to a prompt hearing.
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Day three and after is the full hearing. Both sides present evidence, and the court decides whether the temporary order continues, changes, or ends. This is where the case is actually won or lost, and it is why the emergency filing has to be built for the hearing that follows, not just for the first morning.
Emergency Parenting Motions
The most common family law emergencies involve children. When a child's safety or whereabouts is at immediate risk, courts can act within hours.
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Emergency parenting relief can include temporary suspension or restriction of a parent's parenting time, an order requiring the immediate return of a child who has been wrongfully taken or withheld, prohibition on removing the child from Illinois or from a defined geographic area, emergency modification of a parenting schedule when a child faces imminent danger, and appointment of a guardian ad litem on an expedited basis.
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The standard for emergency parenting relief is that the child faces serious and immediate endangerment. This is a high bar — and it should be. Courts are vigilant about the use of emergency motions as a tactical weapon in custody disputes, and an emergency motion that doesn't meet the standard can damage your credibility in ways that affect the entire case.
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We assess every situation honestly before recommending emergency action. If the facts support it, we act immediately. If they don't, we tell you — and we pursue the most effective alternative.
Emergency Financial Motions
Divorce creates financial vulnerability. When one spouse controls the marital finances, has access to accounts the other doesn't monitor closely, or is motivated to reduce the marital estate before it can be divided, assets can disappear quickly.
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Emergency financial relief can include orders freezing marital accounts and prohibiting asset transfers, temporary restraining orders on the sale or encumbering of real property, orders requiring disclosure of financial accounts and recent transactions, and emergency support orders when a spouse has cut off access to marital funds leaving the other unable to meet basic expenses.
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Courts can act on these matters quickly when the evidence of imminent dissipation is credible. Timing is critical — assets that have already been transferred are significantly harder to recover than assets that have been restrained before the transfer occurs.
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If you have reason to believe your spouse is moving money or assets, contact us immediately. Do not wait to see what happens next.
Emergency Protective Relief
When safety is the immediate issue, an order of protection can be sought on an emergency basis. An emergency order of protection can be obtained the same day it is filed, without the other party present, if the court finds an immediate and present danger of abuse.
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Emergency protective relief in the family law context can also include orders removing a party from the marital home, restricting a parent's access to the children, and prohibiting contact between the parties while the underlying case proceeds.
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These matters intersect directly with divorce and parenting proceedings — relief obtained in an emergency protective order proceeding can affect temporary and permanent arrangements in the related family law case.
Defending Against an Emergency Motion
Emergency orders are sometimes entered based on one-sided, incomplete, or exaggerated accounts of what is actually happening. Because ex parte orders are entered without your participation, you may have an order restricting your parenting time, requiring you to leave your home, or freezing your finances before you even know a motion was filed.
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When that happens, you have the right to a prompt hearing. That hearing is your opportunity to present the full picture — and it matters enormously how you use it.
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We move quickly to respond to emergency orders entered against our clients. That means reviewing the motion and supporting materials immediately, identifying the weaknesses in the petitioner's account, gathering evidence and witnesses on short notice, and presenting a clear, credible response to the court as soon as possible.
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Do not contact the other party directly after an emergency order is entered. Do not attempt to violate the order even if you believe it is unjust. Contact us immediately — your response at the hearing determines what happens next.
Our Approach to Emergency Motions
If You Need an Emergency Order
An emergency order is temporary by design. It stabilizes the situation while the court schedules a full hearing. What happens at that hearing — and in the proceedings that follow — determines the longer-term outcome.
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We treat emergency matters as the beginning of a case, not the end of one. The record built in an emergency proceeding shapes everything that follows: temporary orders, permanent parenting arrangements, and the trajectory of the divorce or modification case overall. We are thinking about the long game from the moment we file.
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We know what judges in Cook, DuPage, and Will Counties look for, and we present the evidence in a way that gives your petition the strongest possible foundation.​
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If your situation is an emergency, contact us today.
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Who handles these cases: Rebecca LaRocque, Founding Attorney, and Tyler Keller, Associate Attorney. Every LaRocque Law case is handled by one of our attorneys, with a paralegal assigned from day one. Our attorneys practice family law exclusively and appear regularly in Cook, DuPage, and Will Counties. You'll know who is working on your matter and how to reach them.
"Rather than engaging in unnecessary conflict, she remained focused on moving the case forward efficiently — which allowed me to reach a resolution and move on." — Melissa B., client. Past results and client testimonials do not guarantee future outcomes; every case is unique.
Frequently asked questions
Can I get an emergency custody order in Illinois?
Yes, although Illinois does not call it that. What people mean by an emergency custody order is an emergency motion asking the court to change parenting time or decision-making right away because a child is in danger. If the facts show serious and immediate endangerment, the court can enter a temporary order the same day it hears the motion: restricting or suspending a parent's parenting time, ordering a child returned, or barring the child from being taken out of Illinois. That order is temporary. It holds things in place until both parents are heard at a full hearing, which usually follows within days. The court will not decide the whole parenting case on an emergency basis, and a situation that is frustrating but not dangerous will not qualify.
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What counts as an "emergency" in an Illinois family law case?
In Cook County, the Domestic Relations Division defines it for you. Under General Administrative Order 2022 D 12 (Amended), effective June 25, 2025, an emergency is "a sudden and unforeseen circumstance that may cause injury, loss of life, or damage to property and that requires urgent response and remedial action." The order also lists what generally will not be heard as an emergency unless there is a risk of imminent harm: motions to establish or modify parenting arrangements, child support, or parentage; motions to compel someone to sign documents like tax returns or deeds; rules to show cause; and motions to vacate an order. If your situation is on that list, it will likely need to go on the regular motion call. DuPage and Will County have their own procedures.
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How is an emergency motion different from a regular motion?
A regular motion is scheduled on the court's calendar with standard notice and time to respond. An emergency motion asks the judge to hear the issue right away. In Cook County, the motion has to include an affidavit or verification stating the facts that make the situation sudden and unforeseen and explaining why it should take precedence. The court first decides whether it is a valid emergency at all; if it is not, you are sent to the regular motion call.
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Can I get an emergency order without the other parent knowing?
Rarely. In Cook County, an emergency motion is noticed for 9:00 a.m. on the next court business day after it is filed, and the other side is emailed a copy along with the courtroom information. If a motion is presented without notice, the amended order requires it to spell out the specific facts that justify proceeding that way, unless a statute specifically allows an ex parte hearing. Courts strongly prefer that both sides be heard, and an order entered without notice is temporary and followed by a prompt hearing.
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How quickly will a judge hear an emergency motion?
In Cook County, faster than almost anything else in the case. Under General Administrative Order 2022 D 12 (Amended), an emergency motion is heard at 9:00 a.m. on the next court business day after filing, in the courtroom of the judge assigned to your case. A courtesy copy of the motion, proof of e-filing, and verification of notice have to be emailed to that courtroom before 9:00 a.m., or the motion will not be heard that day. The judge first decides whether it is a valid emergency; if it is, the court gives next steps, and if it is not, the motion typically goes on the regular motion call. In DuPage and Will County the timing depends on local rules and the judge's calendar.
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What happens at the 9:00 a.m. emergency call in Cook County?
The judge assigned to your case takes up emergency motions at 9:00 a.m. on the next court business day after filing, before the regular call. The first question is whether the motion is actually an emergency under the court's definition. If the judge says no, the motion is moved to the regular motion call and the court can order the party who filed it to pay the other side's fees for jumping the line. If the judge says yes, one of three things usually happens: the judge hears the motion then and there, the judge enters a short temporary order and sets a hearing within days, or the judge sets a hearing without entering an order. If the other side was not given notice, any order entered is temporary and they get a prompt hearing. Have your courtesy copies, proof of e-filing, and verification of notice in the courtroom's inbox before 9:00 a.m. or the motion will not be called that day.
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What do I need to prove?
The motion has to show the court specific facts, not conclusions. "He's dangerous" is a conclusion. "On Tuesday he drove the kids home after drinking, and here is the text where he admits it" is a fact. Emergency motions are supported by an affidavit or verified statement, along with whatever documents exist: messages, photos, police reports, school or medical records, bank statements. The stronger and more specific the record, the more likely the judge is to act.
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What kinds of relief can an emergency motion ask for?
Common examples include temporarily restricting or suspending a parent's parenting time, ordering the return of a child, freezing accounts or prohibiting the sale or transfer of property, ordering a party out of the home, or compelling immediate compliance with an existing order. Illinois law allows temporary relief while a case is pending, and the specific relief available depends on the facts and the stage of the case.
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What happens after an emergency order is entered?
An emergency order is temporary. It stabilizes the situation until the court can hold a fuller hearing, usually within a short window. At that hearing both sides present evidence, and the judge decides whether the temporary order should continue, change, or end. The record built in the emergency proceeding often shapes the rest of the case, so it is worth treating it as the beginning of the case rather than a one-time event.
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Someone filed an emergency motion against me. What should I do?
Take it seriously and move fast. Do not contact the other party about it, and do not ignore the hearing date. Gather anything that contradicts the allegations, such as messages, records, and witnesses, and get an attorney involved immediately. Emergency motions are sometimes used strategically to gain an advantage, and a well-prepared response at the first hearing can undo that advantage.
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What if the other parent violates a court order but it isn't dangerous?
Cook County's order says so directly: rules to show cause are generally not emergencies. Missed exchanges, late support, or refusing to follow a parenting plan are usually handled through a petition for rule to show cause or a motion to enforce on the regular calendar. If the violation creates immediate harm to a child, such as withholding a child indefinitely or leaving the state, an emergency motion may be appropriate. We will tell you candidly which path fits.
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How much does an emergency motion cost?
Emergency motions are labor-intensive because they have to be drafted, verified, filed, noticed, and argued within about a day. The cost depends on the facts and how contested the hearing is. Filing one when the situation does not qualify can cost more than the fee: Cook County's order allows the court to sanction the movant and order reimbursement of the other side's expenses, fees, and costs. That is one reason we screen carefully before filing. Note that General Administrative Order 2022 D 12 does not apply to emergency orders of protection, which follow their own procedure (General Administrative Order 2022 D 13) and are covered on our Orders of Protection page.