Oklahoma Law is Eminent Danger of Irreparable Harm
Video Transcribed: Is potential exposure to the Coronavirus an emergency enough to take custody away from somebody in Oklahoma? I’m Tulsa attorney James Wirth, and we’re about to talk about emergencies based on the Coronavirus.
So there’s been this one order going around on social media where actually a tribal judge here in Oklahoma purportedly granted a change in custody on an emergency basis without hearing from the other side primarily because the parent was working in the healthcare industry and could have been exposed to the Coronavirus.
There was no specific information that, that person was exposed. The allegations were based just on the line of work. And the post goes on and talks about that at 10 o’clock, “Law enforcement showed up at my house and forcibly removed my child and gave it to dad just because I work in the healthcare industry.”
So could that happen? Is that good law? Well, first off, the courts are mostly closed, but there are certain things that can be done. Emergencies is one of those things that are still going. So yes, you can still file for emergency custody, an emergency protective order, bond hearings, all that, and a little bit more that are constitutionally required can be heard.
So it is possible, but the standard to get an emergency under Oklahoma law is eminent danger of irreparable harm and I don’t think that this allegation by itself is enough to establish eminent danger of irreparable harm, particularly when it looks like, for the most part, the Coronavirus has not been that harmful to youth.
So could that happen? Is that good law? Well, first off, the courts are mostly closed, but there are certain things that can be done. Emergencies is one of those things that are still going. So yes, you can still file for emergency custody, an emergency protective order, bond hearings, all that, and a little bit more that are constitutionally required can be heard.
So it is possible, but the standard to get an emergency under Oklahoma law is eminent danger of irreparable harm and I don’t think that this allegation by itself is enough to establish eminent danger of irreparable harm, particularly when it looks like, for the most part, the Coronavirus has not been that harmful to youth.
