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.
Nebraska Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse
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How to fill out Ex-Parte Motion To Enjoin Removal Of Child From Jurisdiction Of Court Due To Abusive And Dangerous Conduct By Spouse?
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FAQ
There are four types of custody arrangements: Joint Legal Custody, Joint Physical Custody, Split Custody and Sole Custody. In a joint legal custody arrangement, the children live primarily with one parent and the parent who doesn't have the children has visitation or parenting time.
An ?ex parte? protection order lasts until you go to court, if you ask for a hearing to contest the order. At court, the judge decides if the protection order will be canceled or continued for one year. If you do not ask for a hearing, then the protection order remains in effect for a year.
A material change in circumstances means the occurrence of something which, had it been known to the trial court at the time of the initial decree or custody order, would have persuaded the court to enter a different order.
Pursuant to subsection (1) of this section, a court may terminate parental rights if the parent has abandoned the juvenile for 6 months or more immediately prior to the filing of the petition.
Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.
A court won't automatically modify custody simply because a parent wants to move. Ultimately, a judge won't allow a parent to relocate with the child unless it serves a child's best interests. All these factors will be assessed at a relocation hearing.
At what age can a child choose which parent to live with in Nebraska? Nebraska statues instruct the trial court to take into account a child's preference as long as the child is of an age of comprehension and the child's wishes and desires are based on sound reasoning.