my mother has taken custody of my child through and emergency ex parte order i need to know specifics and fast.
2007-02-02 02:31:39 · 5 answers · asked by XOSaraXO 2 in Politics & Government ➔ Law & Ethics
"ex parte" means that one party just went in to the judge, without notice to the other party to a lawsuit, to get emergency relief. Usually "ex parte" orders are good only for 10 days (the constitution requires notice and a hearing after that), and then you get your day in court to explain your side of it.
You should have received a copy of the ex parte order when your child was taken. If not, go to the local county courthouse and ask to see a copy of it. The clerk should also tell you if and when the next court date has been set for you to contest the custody change.
Also, get a lawyer. Legal aid societies shoudl be able to help you. There might be some private family lawyers who are willing to take your case on a "pro bono" (for free) basis if you can't afford an attorney. Call the local bar association and ask for referrals--tell them the emergency nature of your case, that it deals with child custody, and that your child has been taken through an ex parte order. You may have some luck.
2007-02-02 02:40:47 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
the respond relies upon on what this record incredibly is. An Ex Parte action is a action that a occasion data with the courtroom without following the conventional action techniques. generally, to record a action, there'll verify time standards. as an occasion, you generally could supply the different ingredient 30 days be conscious that the action would be set for a listening to. while a occasion data an ex parte action, they're saying to the courtroom that the challenge is an emergency, and could't wait to pass in the path of the customary techniques. The courtroom then makes a decision no count if it is going to evaluate the action on an ex parte (emergency) foundation, or no count if it's going to make the occasion wait the customary term. If the courtroom has incredibly entered an order, then the record you gained may be observed as an "order." it incredibly is not trouble-free in the state the place I stay (California) to work out a record observed as an "ex parte order". An order is an order, no count if the courtroom heard the action on an ex parte foundation or in the conventional path. it would a great deal ask your self me if the courtroom governed on a custody subject like this without needing you or your criminal expert recent in the courtroom. it variety of feels maximum probable that your ex has filed an ex parte action to take custody of the youngsters, and your criminal expert will could oppose the action. I heavily doubt which you have lost custody already. examine the record heavily - is it asking the courtroom to realize this? then it incredibly is a action, not an order. sturdy success!
2016-10-16 11:05:13 · answer #2 · answered by ? 4 · 0⤊ 0⤋
An ex parte decision (order) is a legal document or court order from a judge holding jurisdiction over a matter without requiring all of the parties to the controversy to be present
2007-02-02 02:42:08 · answer #3 · answered by KC V ™ 7 · 1⤊ 0⤋
can anyone get an emergency ex parte without money up front
2015-01-09 02:10:55 · answer #4 · answered by Brenda Patterson 1 · 0⤊ 0⤋
That means she believes that she felt the babys health and well-being was in danger, and someone out there agreed with her.
2007-02-02 02:40:00 · answer #5 · answered by Virginia C 5 · 1⤊ 0⤋