Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616-608-4634

Other Family Law Issues

Can You Kick Your Spouse Out Of The House During Your Divorce?

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You want to file for a divorce. And the thought of living with your spouse while going through the divorce process is frightening. You want to have peace in your home while you await your final hearing, and wonder if you can make your spouse move out of the marital home. The answer to your question is “maybe”. 

If you seek to have your spouse removed from the marital home, you would file a motion for exclusive use and possession of the marital home, schedule a hearing, and be heard by the judge assigned to your divorce case. 

WHAT IS EXCLUSIVE USE AND POSSESSION OF THE MARITAL HOME

Exclusive use and possession of the marital home is when one spouse is granted the right to stay and live the marital home while the divorce is pending, requiring the other spouse to move out involuntarily. 

WHEN MUST MY SPOUSE MOVE OUT

Kick Spouse Out of House

If you are granted exclusive use and possession of the marital home, your spouse will be required to move out immediately or by a specific date determined by the judge. Your spouse will then be prohibited from returning to the marital home for any reason.

HOW DO JUDGES MAKE THEIR DECISION

Judges will look at many factors when ruling on request for exclusive use and possession of the marital home. They look to see if there is domestic violence – if your spouse is assaulting or threatening you or your children. They are looking for behavior of your spouse that reaches a level the judge would believe to be harmful to you or your children.

WHEN YOU WILL NOT BE GRANTED EXCLUSIVE USE AND POSSESSION OF THE MARITAL HOME

You will not prevail on a motion for exclusive use and possession of the marital home simply because it is “uncomfortable” to live with your spouse. Your justification must reach a level that the judge believes there is domestic violence taking place in the home.

IF I AM GRANTED EXCLUSIVE USE AND POSSESSION OF THE MARITAL HOME CAN I CHANGE THE LOCKS

If you are granted exclusive use and possession of the marital home, you have the right to change the locks – and should do so immediately to prevent your spouse from returning to the marital home when you are not present.

WHO PAYS THE MORTGAGE OR RENT

If you are granted exclusive use and possession of the marital home, you may be required to be responsible for the expenses of the marital home (mortgage/rent, utilities, taxes, and insurance). 

The judge will look at the financial situation of you and your spouse and determine who will have the financial responsibilities of payment of the expenses of the marital home through the pendency of the divorce. Be aware that there is a risk associated with a request for exclusive use and possession of the marital home, as these expenses can be assessed to you, your spouse, or a percentage allocated to both of you.  

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

 If you are contemplating or in the process of a divorce or separation, contact the Michigan divorce attorney, Schmitt Law, PLLC. Our office understands that family law matters often involve complex relationships and dynamics that can enhance decision-making stress. We provide clients with the security to approach these challenges with confidence. Our dedicated attorney will provide clients with individualized attention and strategic case preparation to address all parts of their cases. We invite you to contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

How Do Family Law Attorneys Charge For Their Work?

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Before you hire a family law attorney, you should have a clear understanding how your family law attorney will charge you for the legal service they will provide. Two of the most common ways family law attorneys charge for their work are the hourly rate and the flat rate. These billing methods are discussed below.

THE HOURLY RATE:

An hourly rate fee is one in which the family law attorney charges you for each hour (or portion of an hour) that they work on your case. When retaining a family law attorney under an hourly rate, request a written retainer agreement that specifies what their hourly rate will be, and what legal service will be provided to you. It’s also important that the written retainer agreement define if the family law attorney charges for work completed by their legal staff, and what that rate will be. 

Family Law Attorney Fees

In most cases, the client will pay a retainer at the time they hire the attorney. A retainer is an advance on payment for the family law attorney’s services. A client retainer still belongs to the client until it’s earned by the attorney or used for legal expenses, and any unused portion must be returned. The amount of a retainer may be a set amount based on the law firm’s policies, or it may be determined based on the complexity of the case.

Note, that a more experienced attorney may charge more per hour than one with less experience; however, an experienced lawyer may take less time to do the same legal work. Most skilled family law attorneys will be able to provide the client with an approximate number of hours they anticipate the case to take, after discussing the case with the client and determining the legal course of action necessary.

THE FLAT RATE

A flat rate legal fee is one in which the family law attorney charges a fixed fee for your case.  When retaining an attorney under a flat rate agreement, request a written retainer agreement that specifies what their flat rate retainer will include. The written retainer agreement should define if this flat rate includes attendance at hearings. It should also clearly state what takes place if your case does not settle – will the flat rate include representation at trial.

COSTS

Whether you hire a family law attorney on an hourly rate or flat rate basis, the written retainer agreement should address whether you will be responsible for payment of costs in connection with your case. Costs may include service of process charges, filing fees, publication fees associated with alternate service, expert witness fees and expenses, private investigation costs, court and deposition reporter’s fees, deposition costs, long-distance telephone charges, messenger and other overnight delivery service fees, electronic database research charges, police reports charges, photocopying and other reproduction expenses, postage, fax expenses, consultants’ fees, professional, mediator, arbitrator and/or special master fees and other similar items.

NO SUPRISES

The more detailed your written retainer agreement with the family law attorney, the less likely there will be misunderstandings about what legal service is to be provided and what the cost of that legal service will be.     

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you are contemplating or in the process of a divorce or separation, contact the Michigan divorce attorney, Schmitt Law, PLLC. Our office understands that family law matters often involve complex relationships and dynamics that can enhance decision-making stress. We provide clients with the security to approach these challenges with confidence. Our dedicated attorney will provide clients with individualized attention and strategic case preparation to address all parts of their cases. We invite you to contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Preparing To Attend Family Law Court and Everything You Need To Know

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Your trial (or hearing) is close…what do I need to do to prepare?  Whether you choose to represent yourself of retain an attorney, Schmitt Law, PLLC offer the following tips to prepare for your court hearing.

PREPARE WITH YOUR ATTORNEY

In order to prepare for trial, you should be meeting with your attorney. Your attorney should review your testimony questions with you. These are the questions they intend to ask you when you are on the stand. This assists the attorney in getting the facts straight. It also helps you in knowing in advance what is going to be asked, allowing you to prepare appropriate answers. This does not mean your attorney is going to feed answers to you. It means that if the attorney knows how you are going to respond, then they are not surprised at trial. It also means that it gives you time to think about your answers before you must testify. Through this preparation process your attorney can assist you in the best way to answer difficult questions that may be presented (from either your own attorney or the opposing attorney). It will make you far more comfortable when you must take the stand.

BE PROFESSIONAL

Family Law Court

If the judge asks you a direct question, be polite and courteous and answer their question.  After all, this person is making life decisions for you. You want them to like you. Also, be mindful of your facial expressions (no matter what is being said).  If you hear something that is not true, angers you, or places you in a bad light – stay calm. And never interrupt opposing counsel or the judge. You will be given your chance to speak and respond. 

BE TRUTHFUL

The most important point to remember while you are on the stand presenting your testimony is this…you have taken an oath to tell the truth. So, never lie.  Always tell the truth, even if the truth does not present you in the best light. Judges appreciate truth over tall tales.  If you lie on the stand, and it is proven that you have lied (meaning you are impeached), you will lose all credibility with the judge. And there is no going back from a lie told under oath.

FIRST IMPRESSIONS ARE IMPORTANT

You want to make a good impression when you attend court, as you want the judge to believe you are credible. Dressing appropriately is advised, as clothing mistakes in court can lead to the judge forming opinions about you that may or may not be correct. You are not required to wear a suit, or expensive clothes – just use your common sense when selecting what to wear. The key is to look neat and professional. It is suggested that men wear dress slacks, a button-down long sleeve shirt and a tie. Women should wear a skirt and blouse, or dress slacks and blouse or sweater. Your clothing does not need to be fancy, just appropriate for court.  Remember, the judge looking at you is making a judgment call about you and your case, and making decisions that may significantly impact your life.  After all…first impressions are everything!

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY. 

We understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation.  Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation.  Or, contact us online to arrange a consultation. 

Is It Time To Revisit Your Parenting Time Plan?

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It may have been years since your last order establishing parenting time was entered by the court. The children are getting older, and/or things have changed in your life, and your parenting time plan no longer makes sense for the children or for you. If this is the case, it may be time to revisit your parenting time plan.

Parenting Time

When you originally established your parenting time plan, the children were younger. Now, they may be in high school, may be driving, may have part time jobs, or may be involved in extra-curricular activities.  And your parenting time plan does not account for these changes in life.   

Perhaps when your order for parenting time was entered, your situation was different than it is now, and you are in a better place to exercise more parenting time. Or, you or your ex have moved, and your existing parenting time plan does not work for either of you or the children.  

Or, you and your ex have voluntarily been deviating from your original order, and you want a new order that reflects these changes.

If you and your ex are able to agree on a new parenting time plan, you can enter into a stipulated order (an order in which both parents agree to the terms). It is then signed by the judge, and replaces the original order. If you are not able to agree, parents have the right to request the court to change their parenting time orders, if it is in the best interest of the children.  

If you have questions about your right to request the court to make changes to your existing parenting time order, contact Schmitt Law, PLLC.

EXPERIENCED CUSTODY ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY. 

We understand that parenting time issues can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable parenting time settlements so they can move forward with their life.  To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation. 

Why Must Parents Be Disrespectful With One Another?

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Lately, there have been an overwhelming number of clients that have shared with me that every conversation, communication, and interaction with the other parent includes one or all of the following: swearing, name calling, arguing, obstructionist/undermining behavior, or outright tirades. 

Why must these negative interactions take place?  What is gained by acting this way?  And what can you do if it is happening to you?

If you are at your wits end because every encounter with the other parent is a struggle, the following tips may be helpful:

Parents and being Disrespectful
  • Limit how you will communicate with the other parent: via email or text only.
  • Limit what you will respond to: only important and necessary subject matters related to the children.
  • In a moment of anger, do not engage in reciprocal negative communication.  
  • Take control. You decide when you will respond to the other parent. There is no rule that you must respond immediately to someone who is acting inappropriately. Take a moment, calm yourself, and respond only to what is necessary. This may mean that you respond several hours later, the next day, or not at all if no response is necessary.
  • If the behavior of the other parent is completely out of control, request the court for an order requiring all communication to take place through Our Family Wizard.  Our Family Wizard is an online service that allows you to communicate with the other parent regarding parenting time, exchanges, appointments and schedules of the children, and to request expenses to be paid.  It takes the stress out of unwanted and unexpected emails, texts, and calls from the other parent. And, all communications are documented and can be used later in court, if necessary. 

Unfortunately, some parents refuse to see the value in effective co-parenting, and refuse to be respectful in their dealings with the other parent.  Know that you will never change their behavior.  But you can take back some control and change how you react. 

EXPERIENCED CUSTODY ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you are experiencing ineffective co-parenting with the other parent, contact Schmitt Law, PLLC to discuss what your options may be. At Schmitt Law, PLLC we are experienced in family law cases involving visitation and custody.  Over the years, we have successfully represented hundreds of clients in complicated cases. For skilled legal guidance, contact Schmitt Law, PLLC online or (616) 608-4634 to schedule a consultation. 

The Trial

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When parties are unable to resolve their divorce case through mediation or negotiations, then a trial will be necessary. The following is an outline of what a day at trial resembles:

FIRST

OPENING STATEMENTS: Opening statements are an opportunity for both sides to make an opening statement to the judge, briefly presenting their issues and the facts they intend to present.  An opening statement is an outline presented by the attorneys, giving an overview of what they intend to show the judge at trial. 

SECOND

Divorce Trial

WITNESSES:  Now that opening statements have concluded, witnesses will now take the stand to testify. In a divorce trial, the plaintiff (the person who filed the divorce) will present their witnesses, evidence, and exhibits first. Once they have completed presenting their case, the defendant will call their witnesses and present their evidence and exhibits. 

THIRD

CLOSING ARGUMENTS: Once both parties have presented all of their evidence, exhibits, and witnesses, it is time for closing arguments. Similar to opening statements, closing arguments are where each attorney will provide statements to the judge that explains the facts that were presented at trial, apply the facts presented to the Michigan law, and argue to the judge for a particular outcome.

LASTLY

WRITTEN ORDER: After the trial has ended, the judge will review and take into consideration all of the testimony, exhibits, and evidence presented, apply the Michigan case law, and issue a written order. This written order is the judge’s ruling on the issues. After the written order, the plaintiff’s attorney will prepare the judgment of divorce. This judgment of divorce must comport with the findings of the judge’s written order. Once the judgment of divorce is submitted to the court, the judge will sign the judgment of divorce and the parties are officially divorced. 

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation.  Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life.  To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or contact us online to arrange a consultation.

Mediation Guide

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MEDIATION – DEFINED 

Mediation is a process that allows you and your spouse to resolve conflict in a peaceful manner.  You and your spouse meet with a neutral third party who is trained in the mediation process (the mediator).  The mediator will assist you and your spouse in discussing the outstanding issues, and helping both of you review your options, so that you may reach an acceptable outcome of your differences. 

BENEFITS TO PARTICIPATING IN MEDIATION

Mediation offers a less stressful option for couples in that the mediation process offers the couple the ability to maintain total control over the outcome of their case. Additionally, Mediation can save you both time and money verses litigating your case.

ISSUES TO BE DISCUSSED AT MEDIATION

At mediation, the topics for discussion are decided by you and your spouse.  The mediator will give each of you an opportunity to present an opening statement.  This opening statement will consist of what you believe the issues are, from your perspective.  As the mediator is a neutral third party with no information about your case, these opening statements assists the mediator in determining the what the issues are, and what the topics of discussion will be.  Any issue you have between you and your spouse may be discussed at mediation.  Nothing is too small or too great to be discussed at mediation.  In fact, mediation is a safe environment to express your concerns and opinions regarding your case.  And often times, clearing the air at mediation can help both of you to move forward in a positive way.

MEDIATION VERSES TRIAL   

In mediation, you are free to craft an agreement that makes sense to you, your spouse, and your children.  If you and your spouse come to an agreement (or a partial agreement), you “own” the terms of that agreement, are more likely to be satisfied with the terms, and therefore more likely to abide by the terms.  It’s never best to allow the judge to have complete control over the outcome of your case, or to let the judge decide what your future will hold.  Mediation allows for you and your spouse to be creative, and to work towards an agreement that will be durable – standing the test of time.

And, mediation is a cost-effective means to reach an agreement.  Trial is financially expensive, and emotionally tolling.  After spending thousands of dollars, trial can leave parties bitter and disillusioned at the judicial process.  And, if you and your spouse are not getting along, the trial process will only enhance existing hostility between each other.

PARTIAL AGREEMENTS   

Perhaps you schedule a second session with the mediator.  Or, if you believe you are truly at an impasse, a trial on the outstanding issues may be required.  But, if you have reached a partial agreement in mediation, any issues agreed to at mediation will not need to be discussed at trial, saving you money at trial.

MEDIATION AGREEMENTS ARE BINDING

The mediation process, and entering into an agreement at mediation, is a voluntary process.  It is important that when you enter into your agreement, you are doing so freely voluntarily, and with the expectation that you will be bound by the terms. So, it is crucial that you understand the terms of the agreement prior to entering into it.

However, once you and your spouse have entered into an agreement, the signed mediation agreement becomes a legal and binding contract, enforceable by the court.  So, it is important to fully understand the terms of the agreement before you sign the mediation agreement, as the court will hold you to the terms of the agreement.

ATTORNEY PARTICIPATION AT MEDIATION 

Yes!  The mediation process doesn’t look to exclude your attorney.  In fact, it welcomes their participation.  Clients depend on their attorneys to provide them with legal advice, and to assist them through the divorce process.  Having your attorney present at mediation is important as they can outline the issues for the mediator, and assist in generating options.  And most importantly, they can explain the implications of the agreement before you sign it.  As discussed above, there is no going back once the agreement has been signed.

HOW TO PREPARE FOR MEDIATION

Before you attend Mediation, it is important for you and your attorney to prepare.  It is also imperative that both you and your attorney have a shared understanding of what your desired outcome is at mediation.  At Schmitt Law, PLLC, we sit down with our clients prior to mediation and discuss our strategy.  This allows us to be “on the same page” with the client when we attend Mediation. 

In order to have a successful mediation, the following information must be compiled prior to attending a divorce Mediation: 

  • Statements for all of your bank accounts.
  • A list of your vehicles, with a Kelly Blue Book value on each vehicle.
  • A list of your recreational vehicles (boats, campers, snowmobiles, etc.), with values for each.
  • Statements for your mortgage(s) (to include home equity lines of credit and second mortgages).
  • Copies of all appraisals for each real property.  If you have not had your real property appraised, have it appraised prior to mediation. 
  • Statements for life insurance policies, and their cash value.
  • Statements for each of your retirement accounts (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
  • Statements for each of your investments (stocks, bonds, mutual funds, etc.).
  • Statements for all of your credit cards, and documents for all other indebtedness.

If you have children under 18:

  • Verification of yearly daycare costs.
  • Cost of employer provided health insurance with breakdown for costs for self and cost for self with family.
  • Tuition statements.
  • Prior to mediation discuss with your attorney
    • What type of legal custody you are seeking.
    • What type of physical custody you are seeking.
    • What parenting time schedule you are seeking.
    • What holiday schedule you are seeking.
    • What type of telephone contact you are seeking.
    • Who will provide transportation for pick up and return of the children.
    • Who will claim the child as a dependent under City, State and Federal Taxes.

Make sure to provide copies of the documents to your attorney, to ensure they have them available at mediation.  The preparation you and your attorney do now will hopefully result in a fair and equitable agreement at mediation (and completion of your divorce).

FINANCIAL AND INCOME INFORMATION NECESSARY FOR A SUCCESSFUL MEDIATION

Complete and accurate financial information is important for the process of mediation.  You will need the following information:

ASSETS:

Real Property: furnish appraisal and last mortgage statement 
Bank accounts and savings accounts: furnish last statement
Stocks, Bonds, Mutual Funds: furnish last statement
Life Insurance – Name of Company, Policy Number, Face Value, Type of and Location of policy
Business or Professional Interests: furnish last balance sheet and P&L statement, tax return, buy-sell agreement
Miscellaneous Assets – Patents, Trademarks, Copyrights, Royalties, Stock Options
Pension Plans, Keogh, IRA’s or Profit-Sharing Plans: furnish last statement and description
Automobiles, Recreational Vehicles, Tangible Personal Property

LIABILITIES

Mortgage on Real Property
Notes Payable to Banks and Others
Loans on Insurance Policies
Other Debts (including store charges, credit cards)

ANNUAL INCOME                        

Gross Salary/Wages
Dividend Income
Interest Income
Income Trusts
Rental Income
Other Income

HOW TO HAVE A SUCCESSFUL DIVORCE MEDIATION

Mediation is set in your divorce case.  How do you set yourself up to have a successful mediation?  Here are the top tips to ensure you make the most of your time and money at mediation:

  1. COMPROMISE AND CONCESSIONS ARE NECESSARY.

If neither you or your spouse are willing to move from your point of view, your case will inevitably end up in the hands of the judge. Remember, mediation is a voluntary process wherein you and your spouse maintain total control of the outcome of your divorce.  You own the process and own the outcome.

  1. BE PREPARED. 

Have your financial documents with you at mediation. Remember, it’s impossible to resolve financial issues without written documentation.  Be prepared to show the   mediator and your spouse through statements.  Don’t expect them to believe it just        because you say so. 

  1. BE REALISTIC WITH YOUR EXPECTATIONS.

Set your goals appropriately.  Remember, there is never a time that just one party walks out of mediation with everything they set out to get. 

  1. BE COOPERATIVE, NOT COMPETITIVE. 

            Look for your common shared interests.  Look for the win/win.

  1. BE OPEN MINDED. 

Be prepared to listen to your spouse, and consider their point of view.  An agreement today can result in improved capacity co-parent in the future.  Once again, a win/win.

  1. DON’T PLAY THE BLAME GAME. 

The mediator doesn’t want or need to know the details of why you are seeking a divorce. The mediator is a neutral third party assisting you in getting to a resolution.  The “what happened during our marriage” conversation is not necessary.

  1. GET YOUR HEAD IN THE GAME.

Enter into mediation with the mindset you are here to fully engage in the process, to get resolution in your divorce, and to walk out of mediation starting your new           life.

  1. WATCH YOUR WORDS AND YOUR TONE.

If your true goal is to reach settlement, then be careful what you say and how you say it.  This is not marriage counseling, a trial, or the time to hash out your differences.

Mediation empowers couples.  Set aside your anger and frustration, your need to win, and your need to blame.  If you are able to do so, you will walk out of mediation with a durable agreement that satisfies both you and your spouse.  And, you will have maintained total control of the outcome of your divorce.  Parties who reach their own agreement are much more satisfied than parties who hand the power over to the judge.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that filing for divorce can be an emotional and confusing experience.  That’s why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation.  Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life.  To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation.  Or, contact us online to arrange a consultation.

What Is An Ex Parte Motion With Regard To Children?

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EX PARTE DEFINED

An ex parte motion is a motion filed with the court and signed by a judge before the other party is given notice of the motion, and before they are given an opportunity to be heard in front of the court.

WHAT YOU WILL BE REQUIRED TO PROVE AN EX PARTE MOTION

You must clearly show in your ex parte motion that the minor child will suffer irreparable injury, loss or damage will result from the delay required to effect notice.

CIRCUMSTANCES WHEN AN EX PARTE MOTION MAY BE APPROPRIATE

Some of the reasons an individual would file an ex parte motion in a family law case are as follows:

  • A parent has taken the children and is hiding them
  • A parent refuses to return the children per the terms of the custody/parenting time order
  • A parent has moved the children to another state without permission of the other parent or without obtaining a court order from the judge
  • A parent has recently become homeless and has no safe place to visit with the children

WHY EX PARTE MOTIONS FAIL

Ex Parte Motion and Children

Judges vary greatly as to what they deem an emergency meriting the issuance of an ex parte order. With the same facts presented, some judges will issue an ex parte order, while others will not. Judges require compelling reasons to grant an ex parte order, as a request for an ex parte order is done without giving the other person notice of the motion, and done without a hearing. 

Common reasons why ex parte motions fail:

  • The judge believes that the crisis has passed.
  • The moving party failed to provide enough facts in their ex parte motion to clearly define the emergency.
  • The circumstances do not meet the test of “the minor child will suffer irreparable injury, loss or damage will result from the delay required to effect notice”.

PARTIES MAY OBJECT TO AN EX PARTE ORDER

If you have been served with an ex parte order, you have the right to object. You may

file a written objection to an ex parte order or file a motion to modify or rescind the ex parte order. You must file the written objection or motion with the clerk of the court within 14 days after you were served with the ex parte order.

IF YOU DO NOT OBJECT TO THE EX PARTE ORDER

The ex parte order will automatically become a temporary order if you do not file a written objection or motion to modify or rescind the ex parte order and a request for a hearing. Even if an objection is filed, the ex parte order will remain in effect and must be obeyed unless changed by a later court order. MCR 3.207(B).

WE CAN HELP!

We know your legal issues are unique and special. Call us, we will listen. To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634.