I don't understand the Expartae order of temporary custody? What purpose does it serve? How do I apply for it?

Question

I already have a court order granting sole custody of my five yr old daughter to me. I contacted the local sheriff's office ( Lawrence Cty Shriff Dept.) in AR. I told them my ex-husband was in violation of his visitation order and asked if an officer could accompany me to pick up my child? Their reply was no , a' they do not get involved in a civil matter fear of being sued" I also showed them my court documents.

Answer 1

Because custody and divorce issues change so quickly...a document today may be outdated tomorrow.

The only way the Sheriff's Department will respond on a custody issue is with an order from the court telling them what to do in a specific issue.

The Exparte' order is a temporary order from the court ordering a specific action. In this case it appears your child has been given temporary custody to someone pending a hearing by the court.

To get the order someone goes before the court with a specific issue or allegation. The court makes a decision based upon the initial complaint to place the child in the custody of whomever has filed the Exparte'. Once the court hears both sides at a hearing...the court will make a final determination of custody.

Hope this helps and if you don't completely understand my response...email me directly!

Answer 2

robert G is bloviating.

This is the 2nd of his answers this morning I saw (out of 2!) where he did that, I let the other one go because it was about a minor car repair.

He says:

"2) In the Checks-and-balances system of government we use in the United States of America, any SHERRIFF, as the cheif executive authority for a county has the authority to disregard court orders regarding occupants of his jurisdiction."

Which is nonsense on so many levels:

1 - The sheriff is not the chief executive of anything excpept perhaps the Sheriff's Department.

2 - The Sheriff does not have authority to disregard court orders as s/he sees fit, whether it has to do with occupants of the jurisdiction or not.

That being said, I think there is something important missing form the asker's question.

Why does she need a sheriff to escort her to pick up her kid? Was there a threat or some sort of violence? She doesn't say how she belives th father is in violation or why the sheriff didn't think it important enough.

If she can't tell what the claimed violation is, then why should the actual sheriff bother? The sheriff is not a on-demand bodyguard service.

Answer 3

You need to call back and speak to someone else. If you are trying to pick up your child that is not considered a civil matter. If he has violated the order then that is not a civil matter. Call back and speak to someone who knows the difference between a civil matter and an judged ordered violation. I just cant believe the Sheriff there in AK are going to ignore a court ordered violation. THey are there to enforce what has already been ordered. You might need to call the states attorney's office to see what they suggest on this one.

Answer 4

OHHHHH the inaccuracies.

Withoutluv's inaccuracies are thus:

1) ANYTHING that does not fit into an existing criminal code for that jurisdiction IS a civil matter. Just because you believe your ex-husband to be in violation does not necessarily fall under the jurisdiction's criminal codes.

2) In the Checks-and-balances system of government we use in the United States of America, any SHERRIFF, as the cheif executive authority for a county has the authority to disregard court orders regarding occupants of his jurisdiction.

3) The ONLY way you are going to find out if your sherrif is willing to uphold that alleged court order is for you to present it to him/her and get him/her to register it as an order for each of his/her deputies to enforce.

4) Even then, the sherrif and his/her deputies might still disagree with you as to whether or not your concern fits a criminal code offense.

Kcv's inaccuracies are thus:

1) "Ex-parte" does NOT mean 'temporary'. "Ex-parte" means "Absent party", meaning that the judge signed an order which did not allow all parties involved to have their own concerns addressed. Intelligent law-enforcement officeres know this and know the difference.

ANYBODY can get an ex-parte order against anybody else for anything. Again, however, should the chief elected executive authority of a jurisdiction disagree with the judge, those orders can be disregarded by means of a pardon or something similar.

So, even AFTER you get the court order, you must get the sherrif to register it.

Even then, don't expect the local constabulary to jump every time you cry wolf.

Learn to love your child enough to not project your own hatred of your ex-husband upon your children.

I have a daughter who almost completely hates her mother for doing almost exactly what you appear to be doing.

It will only work completely against you in the long run.

Learn to love.


OOOOOHHHHHH I've been called out by big-word-abusing Barry!

Bloviate? 1) even if it WERE true, this would clearly be a case of the pot calling the kettle black... 2) unfortunately, it's use is dishonest, deceitful, and an ouright lie, simply because nothing in a written statement even remotely begins to qualify as a discourse (http://dictionary.reference.com/browse/bloviate) until after a SPEECH is recorded in writing.

Lie number two: "this is nonsense on so many levels"

On a whole TWO potential levels, too. Since when does two qualify as 'so many' unless it's hard for the person so saying to count beyond that many? So, either big-word-abusing Barry is confessing his incapability of counting much past two, or he's not being anywhere near honest, and on purpose, too.

Of course, he's also just plain incorrect about the powers given to elected sherrifs. If he's being incorrect on purpose, then that is just one more lie, but it's likely that his inaccuracy is simply out of ignorance.