Key takeaways:
- If your child is in danger right now, call 911. To report suspected abuse or neglect, call the Illinois DCFS hotline at 1-800-25-ABUSE (800-252-2873).
- Illinois has no single form called an “emergency custody order.” The two main court tools are an emergency order of protection under the Illinois Domestic Violence Act and an emergency motion for temporary relief in a divorce, parentage or parenting case.
- An emergency order of protection can be issued without notice to the other parent, can give you physical care and possession of the child, and lasts 14 to 21 days until a further hearing. There is no filing fee.
- Judges need specific, recent facts. Write down dates, what happened and who saw it, and bring any police reports, medical records or messages.
Last reviewed: October 22, 2026. This article is general information about Illinois law, not legal advice. Laws change and every situation is different, so talk to a licensed attorney in your state about your own case.
When you believe your child is not safe with the other parent, every hour feels too long. Illinois courts can act quickly, but only through specific legal procedures and only on real evidence of danger. This guide explains which tool fits which situation, what the judge will look for, and what happens after the first order.
Contents
- First steps in a crisis
- What counts as an emergency
- Option 1: Emergency order of protection
- Option 2: Emergency motion in a family case
- Preparing your petition and evidence
- What happens after the emergency order
- FAQ
First steps in a crisis
- Immediate danger: call 911. Police can respond to a crime or a threat to safety even when there is no custody order.
- Suspected abuse or neglect: call the DCFS Child Abuse Hotline at 1-800-25-ABUSE (800-252-2873). DCFS says not to use email to report abuse.
- Then go to court. A police report or DCFS call does not, by itself, change who has the child. A court order does.
What counts as an emergency
Courts look for a risk of harm that cannot wait for a normal hearing. Situations that may support emergency relief include:
- physical or sexual abuse of the child, or abuse of a parent in front of the child;
- a parent caring for the child while intoxicated, or driving with the child while impaired;
- credible threats to take and hide the child or leave the state;
- serious neglect, such as leaving a young child unsupervised or in an unsafe home.
Disagreements about bedtimes, diet, new partners or parenting style are usually not emergencies. Neither, on its own, is an old problem with no sign that it is happening again. Those issues belong in a regular motion or a parenting plan change.
Option 1: Emergency order of protection
Under the Illinois Domestic Violence Act (750 ILCS 60), you can petition for an order of protection if you have been abused by a family or household member, or on behalf of a minor child who has been abused. “Abuse” includes physical abuse, harassment, intimidation of a dependent, interference with personal liberty and willful deprivation.
An emergency order (Section 217) can be granted without prior notice to the other parent when giving notice would likely lead to the harm you are trying to prevent. Relevant remedies include:
- granting you physical care and possession of the child, or ordering the other parent to return the child or not remove the child from your care;
- prohibiting the other parent from removing the child from Illinois or concealing the child within the state;
- ordering the other parent to stay away, and prohibiting further abuse.
An emergency order cannot decide legal custody (decision-making), support or counseling. Those come later, at an interim or plenary hearing where the other parent has notice.
| Order | Notice to other parent? | How long it lasts |
|---|---|---|
| Emergency order of protection | Not required | 14 to 21 days |
| Interim order of protection | Yes, or diligent attempts at service | Up to 30 days |
| Plenary order of protection | Yes, served and answered or in default | Fixed period up to 2 years (or tied to a related case) |
No fees: the clerk may not charge a fee to file an order of protection petition, and the sheriff may not charge for serving it (750 ILCS 60/202). You can file in person or online, and you can file it within an existing divorce or parentage case. If the court is closed, the statute allows a designated judge to issue an emergency order after hours.
Option 2: Emergency motion in a family case
If you already have, or are starting, a divorce, parentage or allocation of parental responsibilities case, you can file an emergency motion asking the judge for temporary orders. Under 750 ILCS 5/603.5, a court can make a temporary allocation of parental responsibilities in the child’s best interests before the final judgment. Under 750 ILCS 5/501, the court can also issue a temporary restraining order or preliminary injunction, supported by an affidavit, for example ordering a parent not to remove the child from the state. A restraining order without notice to the other parent requires a showing that irreparable injury would otherwise result.
After a hearing, if the court finds by a preponderance of the evidence that a parent’s conduct seriously endangered the child’s mental, moral or physical health or significantly impaired the child’s emotional development, Section 603.10 requires orders to protect the child. These can include:
- reducing or eliminating that parent’s parenting time or decision-making;
- supervised parenting time or supervised exchanges;
- no alcohol or non-prescribed drugs during, and for a set time before, parenting time;
- requiring a treatment program, or a bond to secure the child’s return.
Each county sets its own procedure for presenting emergency motions, and some circuits require the motion to be filed with the clerk before it is presented to the judge. Call the circuit clerk or visit the courthouse self-help center to learn how emergency motions are heard in your county.
Filing fees for a new family case vary by county. Check your circuit clerk’s current fee schedule. If you cannot afford it, use the statewide Application for Waiver of Court Fees: you generally qualify for a full waiver if you receive SNAP, SSI, TANF, AABD or General Assistance, or your income is at or below 125% of the federal poverty level, and for a partial waiver up to 200%.
If the child has just come to Illinois from another state, Illinois courts can still take temporary emergency jurisdiction when the child is present here and needs protection from mistreatment or abuse (750 ILCS 36/204). The longer-term case may need to be heard in the child’s home state.
Preparing your petition and evidence
An emergency petition is usually verified, meaning you sign it under penalty of perjury, and the judge may question you under oath. Specific facts persuade. Compare:
- Vague: “He drinks too much and is always angry.”
- Specific: “At pickup on [date], he smelled of alcohol, was slurring his words and tried to put our son in the car. I called police and a report was taken.”
Bring what you have:
- police reports and incident numbers;
- medical or school records;
- photos with dates, and screenshots of texts or messages showing the sender and time;
- names and contact details of witnesses;
- any existing court orders or parenting plan.
Stick to the truth. Exaggerated or false allegations can lead to court sanctions and seriously damage your credibility in the rest of the case. Report what you saw and what you know, and say so when something is secondhand.
What happens after the emergency order
- Service: the other parent is served with the order and notice of the next court date.
- Next hearing: for an order of protection, the emergency order expires after 14 to 21 days unless extended or replaced by an interim or plenary order. For an emergency motion, the judge will set a date for both sides to be heard.
- Longer-term orders: parenting time and decision-making are decided under the best-interests factors in a regular allocation case. If you have not started one, you may need to.
- Violations: violating an order of protection is a crime in Illinois, generally a Class A misdemeanor (720 ILCS 5/12-3.4). Call the police and tell your attorney or the court.
Related reading: parental kidnapping when there is no custody order.
FAQ
How fast can I get emergency custody in Illinois?
Order of protection petitions are treated as expedited proceedings, and an emergency order can be issued as soon as a judge hears your petition, without notice to the other parent, if the legal requirements are met. Emergency motions in family cases are heard as quickly as the local court’s procedure allows.
How long does an emergency order of protection last?
Under 750 ILCS 60/220, an emergency order is effective for at least 14 and no more than 21 days, unless it is extended or replaced by an interim order (up to 30 days) or a plenary order (up to 2 years).
Does it cost anything to file?
There is no fee to file an order of protection or to have the sheriff serve it. A new divorce or parentage case has a county filing fee, which you can ask the court to waive if you qualify.
Can I file without a lawyer?
Yes. Courthouse self-help centers and Illinois Legal Aid Online have forms and instructions. An attorney can advise you on which option fits your situation.
Sources: 750 ILCS 60/217 (emergency order of protection); 750 ILCS 60/214 (remedies); 750 ILCS 60/220 (duration); 750 ILCS 5/501; 750 ILCS 5/603.5; 750 ILCS 5/603.10; 750 ILCS 36/204; Illinois Legal Aid Online: fee waivers; Illinois DCFS.
