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
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).
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