Dep't of Child Safety v. Stocking-Tate

JONES, Judge:

¶1 The Department of Child Safety (DCS) seeks special action review of a juvenile court order granting a motion by Mark R. (Father) to strike an ex parte order authorizing DCS to take temporary custody of two young children. In our discretion, we accept special action jurisdiction and hold that the legal standard to be applied to a motion challenging temporary custody depends upon the timing of the motion. Because the court applied an incorrect legal standard here, we grant relief and vacate the order granting Father's motion.

FACTS AND PROCEDURAL HISTORY

¶2 On October 26, 2018,…