Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is one where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge. Ex parte hearings, petitions, or motions are usually temporary orders, such as a restraining order or temporary custody, pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a good faith effort to notify the opposing lawyer of the time and place of any ex parte hearing.
A sample ex parte motion for custody in Michigan is a formal written request filed with the court by a party seeking an emergency custody order. It is crucial to ensure that the motion contains the necessary information and adheres to the specific requirements set by the court. Here is a detailed description of what a sample ex parte motion for custody in Michigan typically includes: 1. Heading: The motion should begin with a clear heading stating the name of the court, the case number, and the full names of both parties involved in the custody dispute. 2. Caption: The caption provides a concise summary of the motion's purpose. It should clearly state that it is an ex parte motion seeking temporary custody. 3. Introduction: The motion should present a brief introduction explaining the circumstances that require immediate action, such as a risk to the child's safety or well-being. 4. Parties involved: The motion must identify the parties involved in the custody case, including the custodial and non-custodial parent, as well as any legal guardians or relevant third parties. 5. Current custody arrangement: The motion should outline the current custody arrangement, including visitation schedules, decision-making authority, and any existing court orders on custody matters. 6. Reasons for seeking ex parte relief: The motion should provide a detailed explanation of why ex parte relief is necessary, demonstrating that waiting for a regular hearing would pose a risk to the child's best interests. This may involve presenting evidence of abuse, neglect, substance abuse, or other urgent concerns. 7. Temporary custody proposal: The motion must offer a proposed temporary custody arrangement that addresses the immediate concerns mentioned. This may involve requesting sole custody, supervised visitation, or any other restrictions necessary to protect the child. 8. Justification for emergency relief: The motion should explain why waiting for notice to be given to the other party would not be in the child's best interests. This may involve describing potential harm to the child or highlighting the non-custodial parent's history of non-compliance with court orders. 9. Supporting evidence: The motion must include any supporting evidence available to back up the claims made. This may include photographs, medical records, police reports, witness statements, or any other relevant documents that can strengthen the case for ex parte relief. 10. Certification: The motion should conclude with a certification statement signed and dated by the party filing the motion, affirming that the information provided is true and accurate to the best of their knowledge. Types of Sample ex parte motions for custody in Michigan: 1. Emergency Custody Order: This type of ex parte motion is filed in situations where there is an immediate threat to the child's safety, such as ongoing abuse or neglect. 2. Temporary Change in Custody: This motion seeks to modify the existing custody arrangement temporarily due to an unforeseen circumstance, such as a parent's sudden illness or significant changes in the child's environment. 3. Modification of Visitation Schedule: Sometimes a party may request an ex parte motion to modify the visitation schedule temporarily for reasons such as the non-custodial parent's substance abuse or relocation. 4. Restraining Order: In cases involving domestic violence or situations where one party poses a threat to the other or the child's safety, an ex parte motion for a restraining order may be filed to provide immediate protection. Remember, it is essential to consult with a family law attorney or follow your jurisdiction's specific guidelines and regulations while preparing an ex parte motion for custody in Michigan.
