The events leading up to a divorce can be intense and volatile. In the worst of circumstances, sometimes one spouse will threaten to harm the other spouse or their children. Are there any remedies for parents who fear for the safety and well-being of the child due to their partner’s conduct?

In Oklahoma, it is possible for a parent who feels their child’s safety is threatened to petition the court for an emergency custody hearing. Such a motion should contain an independent report, such as a Department of Human Services report or a police report. These reports must show that the child’s environment threatens his or her safety, and if continued, would harm the child irreparably.

However, in some circumstances a parent may be unable to procure such a report these details. If that happens, the motion can contain an affidavit given by a person who is familiar with the child’s environment and the situation that threatens the child’s safety. The person giving the affidavit will attest therein that the denial of the motion could harm the child irreparably.

When a court receives such a motion, it has three days to hold a hearing. If a hearing is not held, the parent bringing the motion can go to his or her judicial district’s presiding judge, who will hold a hearing within one day.

These measures are put into place to keep children in Oklahoma safe. No child should be forced to grow up in a threatening environment. Custody battles can be extremely heated and emotional. However, threatening to harm a child is never appropriate. Parents should know that if their child is harmed or is threatened by the child’s other parent, there are options to help protect the child’s safety. This post is not legal advice. An attorney may be able to advise parents who fear for their child’s safety at the hands of their partner.