HOW TO GET AN EX PARTE ORDER.


 

#TERRY TALKS “Ideas worth sharing “

#Ex Parte Order AVVO question.

 

Terry R. Bankert P.C., 810-235-1970, Ideas Worth Sharing of Flint, of the law, and by Flint Michigan People. See also Facebook Group WWW.terrytalks.com

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AVVO QUESTION.

I need a form ex parte for emergency custody due to my children being in a violent home how can I get one?

My ex husband’s girlfriend called and said my ex hit her i fear for my childrens saftey and my ex fooled the courts and cops and I have proof he is abusive person

ANSWER: There is more to it than filling out a form. You have to convince  the court to deny the other side the important right of “Due Process” by signing an order without talking to the the opposing side .

You will be submitting your  ex parte orders to the judge  the issue of child custody, It will not be permanent. The order will only be in effect until there is a motion hearing. In most court you will be required to schedule that hearing. In your pleading you  must  include the factual basis for  this  orders in  your motion. You talk to a court by motions and they respond by orders.

The Michigan COurt Rules give the authority for approaching the court to sign an exparte order . Under MCR 3.207, a court may issue an ex parte order with regard to any domestic relations matter within its jurisdiction if

irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.

MCR 3.207(B)(1).

In some counties, a lawyer  drafts the proposed ex parte order; other counties use a standard ex parteorder pertaining to minor children.

Take your proposed ex parte order to the judge for his or her signature. Attach the judge’s copy of the complaint and all of the documents filed with it.

Several steps can facilitate rapid signing and receipt of conformed copies in counties where the clerk does not provide true copies.

  1. Once the judge is assigned, use the stamps available at the courthouse to stamp the judge’s name on all the orders and supporting motions that the judge must consider.

  2. Have sufficient copies of the complaint and separate motions in the file so that one of each can be left for the judge to review when he or she considers signing the orders.

  3. Provide the judge’s clerk with a stamped, addressed envelope in which conformed copies of the orders can be sent to your office. These can be invaluable if the original order subsequently gets lost or is misfiled by the clerk..

You can use a court form motion and order. Write ex parte on the  prepared court form. There are several other steps to be taken.  Good Luck

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-MICHIGAN FAMILY LAW ADVOCATE –http://terrybankert.blogspot.com/

– BANKRUPTCY AND MICHIGAN FAMILIES – http://dumpmycreditors.wordpress.com/

– TERRY ON YOUR TUBE- https://www.youtube.com/user/TRBANKERT

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