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.
Pennsylvania 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
Pennsylvania law provides that a judge may enter temporary custody order (or temporarily modify an existing order) at any time. It is even possible to obtain such an order if the other party fails to respond or show up for a hearing (called an ex parte proceeding).
In California, it is legal for one spouse to force the other to move out for a set time period. This is accomplished through a court order, but the individual must be able to provide evidence of threats of assault or assault attempts if the case is an emergency.
Unless you consent to the removal, your spouse must make a Court application to have you removed and the Court will allow you the opportunity to be heard on that issue.
You may apply for an emergency order if your child's health, safety or welfare is at immediate risk. Emergency orders lay out temporary custody arrangements and may also include protection orders (restraining orders) for you and your child.
Encourage them to participate in the agreed-upon schedules and do not allow a child to take control over whether or not they want to visit. In Pennsylvania, there is no age earlier than 18 at which a child can refuse to see the other parent.
Pennsylvania law doesn't punish a spouse for moving out when the marriage relationship is over. Desertion is a grounds for a fault-based divorce, but that means more than just changing your address. The fact that you moved out first doesn't eliminate your right to an equitable division of the home's value.
What is a wife entitled to in a divorce in PA? The wife is not automatically entitled to anything that is not her direct property or assets in a divorce in PA. Alimony payments may be required based on the wife's situation and any division of property will also be determined based on other factors.
In Pennsylvania, you need a court order to force your spouse to leave. If you change the locks without an order, your spouse can regain entry, and may even be permitted to break in to do it.