(a) Emergency order requests. The Court may enter an emergency ex parte order upon the motion of any party or upon the Court’s own motion. Such orders may be entered without notice only where the Court determines, by affidavit or by verified complaint, that immediate and irreparable harm will otherwise result. The moving party must certify to the Court reasons supporting the claim that notice should not be required. In all cases in which a party other than the Department of Services for Children, Youth and their Families (DSCYF) seeks ex parte relief, the Court shall examine the Delaware criminal history of the parties prior to granting custody or guardianship, and may review a summary of the parties’ history provided from the Division of Family Services, including substance abuse and mental health records. The Court’s Order shall reflect the nature of the information obtained from the summary and the current DSCYF social worker assigned to the family, if applicable. The Court may require the appearance of the DSCYF social worker at trial. The Court’s review of information provided by the Division of Family Services is for ex parte purposes only and is not a determination of admissibility of such information at a subsequent hearing. No ex parte order shall be extended past fifteen days without an evidentiary hearing which affords the adverse party an opportunity to be heard, unless extended by the Court for good cause shown. (b) Interim relief. Applications for interim relief, not of an emergency nature, shall be made by motion after service of process has been accomplished. The motion shall be determined by the Court on affidavits or verified pleadings, or after hearing if the Court requires it. If interim relief is granted or denied without a hearing, either party may request an evidentiary hearing.(c) Priority scheduling requests. Applications for early scheduling of a hearing shall be made by motion and may be considered by the Court, in chambers, and without the participation of the parties, or their counsel, after respondent has been served with the related petition, notice of the motion given, and the time for response to the motion has expired. The motion shall be considered on affidavits and verified pleadings, which must set forth:
(1) the nature of the controversy; (2) the relief sought at a priority hearing; and (3) the facts ubgv which the Court may conclude that unless the priority scheduling request is granted, substantial and irreparable harm will result.(d) Interim visitation order. Applications for issuance of an interim visitation order shall be made by motion after service of process has been accomplished. The motion must set forth:
1) personal jurisdiction has been established over the responding party; 2) there is no existing enforceable contact schedule; and3) a parent is experiencing less contact with his/her child(ren) than that which is routinely awarded by the Court. At the Court’s discretion, these matters can be placed on a special temporary visitation calendar, scheduled for a hearing before the assigned judge, or ruled upon on the papers.
Del. Fam. Ct. R. Civ. P. 65.2
Amended November 15, 2006, eff. January 10, 2007; amended June 4, 2007, eff. Sept. 11, 2007; Amended October 8, 2018, effective January 2, 2019; amended June 14, 2020, effective September 1, 2020; amended July 10, 2020, effective November 1, 2020.
