Oklahoma § 43-107.4 - Motion for an emergency custody hearing

§ 43-107.4. Motion for an emergency custody hearing

A. In a court proceeding concerning child custody or

visitation, a motion for an emergency custody hearing shall include

an independent report, if available, to include but not be limited

to, a police report or a report from the Department of Human

Services, that demonstrates that the child is in surroundings which

endanger the safety of the child and that if such conditions

continue, the child would likely be subject to irreparable harm. If

there is no such report, the motion shall include a notarized

affidavit from an individual with personal knowledge that the child

is in surroundings which endanger the safety of the child and that

Oklahoma Statutes - Title 43. Marriage and Family

not granting the motion would likely cause irreparable harm to the

child. Upon receipt of the motion for emergency custody with

supporting documentation, the court shall have seventy-two (72)

hours to conduct a hearing. If the court fails to conduct a hearing

within such time, the movant may present such motion to the

presiding judge of the judicial district, who shall conduct an

emergency custody hearing within twenty-four (24) hours of receipt

of the motion.

B. If the court finds that any relevant information provided to

the court upon which the court relied to make its emergency custody

decision to be false, the court shall assess against the movant all

costs, attorney fees, and other expenses incurred as a result of

such emergency custody hearing. The movant shall pay all such

costs, fees and expenses within thirty (30) days. Failure to make

such payment shall be grounds for contempt, punishable by six (6)

months in the county jail, a fine not to exceed One Thousand Dollars

($1,000.00), or both such imprisonment and fine.

Added by Laws 2010, c. 350, § 1, eff. Nov. 1, 2010.