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Can an ex parte motion be heard if a custody agreement is in place?
Jmecamo
Yes, depending on the circumstances of the need for the ex parte order.
Wiki User
∙ 13y ago
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If the mother took my child 14 hours away for vacation then tells me shes not coming back what do I do the day before she left i filed custody papers but havn't heard anything yet PLEASE Help?
That depends on where you live. In most states, you have the option of filing an emergency ex parte motion. State law mandates they must be heard in a specific time frame and if such a motion is granted, they are honored across state lines if your wife has already left. Your ex will be located and the child returned to your custody until you can continue to fight it out with her in court. If she has not yet left, the ex parte will remand the child to your custody before she has a chance to leave.
How did the writer organize the text ex-parte motion for extension to submit compromise agreement?
The writer likely structured the ex-parte motion by first introducing the parties involved, providing a brief background of the case, and stating the purpose of the motion. They then presented the reasons for requesting the extension, supported by any relevant facts or legal arguments. The motion may have concluded with a formal request for the court to grant the extension to submit the compromise agreement.
What is the consequence of lying on an ex parte motion by stating you have visitation rights to obtain child custody?
That depends. Did you appeal based on the same? If you did (and I sincerely hope you did), the person who lied may have their motion revoked and face perjury charges.
What is the definition of ex parte?
Ex parte means evidence is heard from one side without giving the other side the opportunity to participate. Normally, ex parte communication is prohibited, but there are certain circumstances under which a court may issue an order based on ex parte evidence. If this were the case, the order would be known as ex parte order.
Can an ex parte motion be dismissed?
Any motion can be dismissed. However, the term "ex parte motion" appears to be an oxymoron, given that the other party(s) must be notified of any motion filed.
Can my ex parte child custody filed properly be overruled by my abusive ex's mom ex parte guardianship filed next day and I was not notified by required deadline to consider being heard?
Much too much is unknown about the specifics of the actions and findings preceding this event to comment.HOWEVER - it CAN be said that IF you were not notified according to the rules of procedure in your state, of your ex's mothers motion, then any ruling on her motion would very likely be nullified as invalid.It sounds VERY much like you should seek the advice of counsel on this matter.
how did the writer organized the text ex-parte motion?
moshon and mall
Does an Ex parte have anything to do with child custody?
An ex parte decision is made by a judge without having all the parties present. They are therefore temporary, and the persons affected must be given the opportunity to contest the appropriateness of the order before it can be made permanent.There may be an ex parte decision made regarding custody but as explained above it would only be temporary.
What do you as a grandmother need to pick up your dead daughter's boys after their father has dropped them off at DFF?
You need to go to court and file an ex parte motion (emergency custody) and you may be granted temporary custody based on the same. To retain permanent custody, you would need to file a petition based on the same, wait for the hearing and participate in the subsequent investigation, then the judge will decide whether or not to award permanent custody to you, another party or remand the children back to the custody of the state.
What are the contents of an ex parte motion to compel?
An ex parte injunction can be granted in an urgent situation to one party without nofifying the party bound by the injunction. to compel: to cause to do or occur by overwhelming pressure.
How do you write affidavit in support of ex-parte motion?
Normally, that is a form provided to you by the courts and you fill it in and file it along with the ex parte. If the court doesn't provide such a form, you need to find out what would be legally acceptable.
Do you have to tell the father where you live in florida If you have a fear for you kids?
Unless otherwise ordered by the court yes. If you are truly in fear of your children's' safety when in the care of their father, it is your responsibility to express these fears by filing for a modification to the custody/visitation order in the court of jurisdiction and outlining your concerns during the hearing (proof helps). If it is an emergency, you can file an ex parte motion in the same court awarding you temporary sole legal and physical custody. Those will usually be granted, but have an expiration time. In the interim, a hearing will be held to determine whether or not the motion should be extended, made permanent or revoked.
