Ex Parte Custody


#1

If you serve an ex parte motion on the other parent, but put incorrect dates down for events in question in the ex parte/temporary custody motion, can the other party simply make a motion to dismiss at the ten day hearing based on the fact that the dates are wrong and the children were not with them on the dates listed, even if the events may have happened on different dates? Or will the judge just go ahead and hear it/make a judgement even if the dates are incorrect?


#2

The judge won’t dismiss your motion on those grounds alone. You’ll need to provide evidence/testimony that the dates were incorrect, but that the alleged acts did in fact take place.