(a) If an ex parte order is granted, a preliminary protective hearing shall be scheduled before a judge within 15 days of the entry of the ex parte order; or if an ex parte order of custody or guardianship is not entered but the Court finds that priority scheduling is warranted, a preliminary protective hearing shall be scheduled within 15 days of the filing of the petition. The Court shall determine whether the evidence demonstrates that probable cause exists to believe that immediate and irreparable harm will otherwise result. The finding of probable cause may be based upon hearsay evidence in whole or in part. (b) Upon a finding by the Court that probable cause exists to believe that immediate and irreparable harm will result, the Court shall continue the custody or guardianship order in effect if an ex parte order has been entered, or if no ex parte order has been entered, enter a temporary order of custody or guardianship to the petitioner pending an adjudicatory hearing in accordance with 10 Del. C. ยง 1009. If the Court does not find probable cause to believe continuation of the child in the home will result in immediate and irreparable harm, then the child shall be returned to the custody or guardianship of the parents or other caregiver who had the legal custody or guardianship authority by Court of competent jurisdiction and the matter shall be scheduled in the normal course of business.
Del. Fam. Ct. R. Civ. P. 226
Amended October 8, 2018, effective January 2, 2019.
