Can I get emergency parenting time changed if the other parent's home is under active CAS investigation?
Yes, a parent can bring an urgent motion asking the family court to change parenting time where the other parent's home is under active investigation by a children's aid society, but the court will still require real, credible evidence of an immediate risk to the child - not just the fact that an investigation exists. Courts take emergency motions seriously precisely because they can change a child's living arrangement before the other side has had a full chance to respond, so they're reserved for situations where waiting for a normal hearing date would itself put the child at risk.
Useful evidence includes what specifically prompted the investigation, any immediate safety steps the society itself has already taken - such as a safety plan or a temporary care and custody agreement - and anything else showing the risk is current rather than historical. If the concern is serious enough that the society itself is already acting, that ongoing action is often the strongest evidence supporting an emergency motion in the family case as well. Speak with a lawyer immediately if you believe the situation is genuinely urgent, since the process and evidence needed for an emergency motion differ from a normal one.
Key takeaways
- Emergency parenting motions are available but require credible evidence of immediate risk, not just an open investigation.
- Courts reserve urgent relief for situations where waiting for a normal hearing would itself endanger the child.
- Evidence that the society itself is already taking action strengthens an emergency family court motion.
- Get legal advice immediately if you believe the situation is genuinely urgent.