This Order Modifying Ex Parte Order is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
Title: Emergency Ex Parte Order of Custody Michigan Form Withdraw: A Comprehensive Guide to Understanding the Different Types Description: When it comes to matters of child custody in Michigan, an Emergency Ex Parte Order holds substantial significance. However, there are instances where it becomes necessary to withdraw or modify this order. In this detailed description, we will explore the purpose and procedures involved in withdrawing an Emergency Ex Parte Order of Custody in Michigan. Read on to understand the different types of Emergency Ex Parte Orders and the specific forms used for withdrawal. Keywords: Emergency Ex Parte Order of Custody, Michigan, form, withdraw, types, procedures, modification, purpose Types of Emergency Ex Parte Orders of Custody: 1. Temporary Emergency Ex Parte Order of Custody: This type of order is typically granted in urgent situations where immediate action is necessary to protect the child from harm, such as in cases involving abuse, neglect, or imminent danger. This order provides temporary custody to the requesting party without prior notice or a full hearing. 2. Long-Term Emergency Ex Parte Order of Custody: In certain circumstances, the court may grant a long-term Emergency Ex Parte Order of Custody if there is evidence of ongoing danger or a history of abuse. This order may remain in effect until a full hearing is held to determine a more permanent custody arrangement. 3. Emergency Ex Parte Order for Custody and Parenting Time Modification: This type of order is sought when there is a need to modify an existing custody arrangement due to a significant change in circumstances. It allows the court to temporarily alter custody and parenting time until a formal modification hearing can be scheduled. Withdrawing an Emergency Ex Parte Order of Custody in Michigan: 1. Filing the Motion to Withdraw: To begin the process of withdrawing an Emergency Ex Parte Order of Custody, the party seeking withdrawal must file a Motion to Withdraw with the court. This motion should include a detailed explanation as to why the withdrawal is necessary and provide supporting evidence if applicable. 2. Serving the Motion: The party filing the Motion to Withdraw must serve a copy of the motion on all involved parties, including the opposing party and the court. Proper service ensures that all parties have notice of the withdrawal request and can respond accordingly. 3. Response from Opposing Party: Once the opposing party receives the Motion to Withdraw, they have an opportunity to respond. They may object to the withdrawal or present counterarguments. The court will consider these responses when making a decision. 4. Court Hearing: Depending on the circumstances and the court's discretion, a hearing may be scheduled to address the withdrawal request. During this hearing, both parties can present their arguments and provide additional evidence to support their positions. The judge will determine whether the withdrawal is warranted based on the best interests of the child. 5. Final Order: If the court grants the Motion to Withdraw, a final order will be issued, officially terminating the Emergency Ex Parte Order of Custody. It is important to note that the withdrawal may result in a return to the previous custody arrangement or initiate further legal proceedings to establish a modified custody order. In conclusion, understanding the various types of Emergency Ex Parte Orders of Custody in Michigan and the procedures involved in withdrawing them is crucial for individuals navigating child custody issues. By following the appropriate steps and presenting compelling reasons, parties can seek to modify or terminate these orders, always keeping the best interests of the child at the forefront.