Custody changed due to ex parte


#1

I should probably mention that there was no previous custody order. Since our separation, I have had the children with me.


#2

You ex has filed motions in 2 different counties, which is impermissible. You should have your attorney file a motion to dismiss the second order based on the fact that there is an action pending in another county.
If the children have been living with you and CPS has found that you are providing a safe environment for your children, you not only can present this evidence in court, you must. You will need to subpoena the case worker to court so that he or she can testify to what their findings were in the assessment.
If your attorney cannot be present in court you should ask for a continuance, however more than likely if a emergency order is in place it will remain in place pending hearing.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
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Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

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Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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#3

Thank you for your response.

Both orders (for temporary custody, which hasn’t come to court yet, and for ex parte, now) were filed in my ex’s county.

CPS in my own county investigated the same incident (before the ex parte order was issued through the other county,) and they found that the kids are safe.

Yes, the children have been with me since my ex and I separated months ago, until now[V].


#4

There cannot be an order for temporary custody without there having been a hearing. You have likely received a notice of hearing which lets you know when temporary custody will be on the court


#5

Ex has taken my kids by an ex parte order. Child protective services in my home county has investigated the “reason” last week, and they are satisfied that my children are safe with me.

Now law enforcement has come in and taken my kids from me with an ex parte order from another county.

How is this possible?

What are my chances of getting my children back by presenting the findings of CPS?

With the court proceding in just a few days, what do I do if my attorney can’t be present?

Thank you in advance for any advice you can offer.