Ex-Parte Expires


#1

This ex-parte order, against me, which is known as a domestic in a civil expires in weeks. My STBX is being served any day with our complaint covering divorce, custody, alimony, equ. distribution. I am noticing that the ex-parte order will most likely expire before we get into a hearing/meditation. I am not certain of the exact proceedings.
What are my rights when ex-parte expires before we get another court hearing? I plan to call my stbx to get my time back with our child. My lawyer mentioned I have legal rights but they do not want me to react. It’s very hard watching my child’s health care plummet under my stbx care. Our child is being used as a possession and I am praying that the legal system will see this when we get back into court. I have my files ready.
Is filing a complaint and summons the same thing as the complaint I mentioned above? My stbx broke visitation orders consistently enough for my lawyer to file a complaint and summons.
Thank you for helping me. Thank you for your time and efforts.


#2

If the ex parte order expires and is not renewed or no new orders are entered, then you no longer have any court ordered restrictions. Your rights would return to “normal,” i.e. the same rights you had prior to the ex parte order being entered.

A complaint and civil summons is the same thing as the complaint. These are documents needed to initiate a lawsuit, such as the one you have initiated for divorce, custody, alimony, and equitable distribution.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you. How long after my stbx being served will our next court date or mediation happen?
In your experience, what can you foresee the custody ruling? I understand my situation is 1 in 1000’s that the judges see daily. I can’t understand the facts of findings that were ruled based off zero evidence, false allegations and lies in hearsay. Judge said “child needs to see their mother” I was still ruled with supervised visitations and a psychological eval that I completed with no diagnosis or rx. This order expires soon.
In your experience, what have you seen the custody judges rule in Meck. County after a child was taken from their mother under these conditions?
My stbx reacted because I called him and his family out on their years of identity theft and federal liens. They are using our child as a pawn. I have documents and dates demonstrating my stbx questionable personality. I pray the courts can see the truth to all of this.
Thank you for helping me. I hope this helps others.


#4

The court ordered custody mediation typically occurs fairly quickly (within a few weeks) of filing an action. A formal mediation with the attorneys present typically won’t happen for several months.

A court date can be calendared at any time but is subject to availability. For example, the next open court dates to calendar a matter may be 2-3 months away.

Without having met you and without being involved in your matter, it is difficult, if not impossible to predict what could happen in your custody matter. Custody cases are very detailed oriented and are decided on a case-by-case basis. Each custody case is very different.

However, in your hearing you should focus on and present evidence that shows what is in the child’s best interest, that it would be in the child’s best interest to be with you, and why it is in the child’s best interests to not be with the other parent.

Ex parte orders are entered without evidence but instead entered by the sworn statement of the parent asking for the ex parte order. At custody hearing/trial, the judge will likely want to see evidence of the allegations included in the complaint/motion for ex parte order.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Thank you in advance.
There is no custody order in place. My stbx is in the process of being served in order for the divorce custody to proceed. The existing ex-parte, supervision/visitation order against me expires this week. I am told since there is no custody order in place I can dictate when my stbx can see our child. Can you clarify this for me since my stbx stated he is not willing to share our child with me unless there is an order. Can I go to family court, call authorities with my supporting documentation following the orders expiration to have my shared time while we wait for the new complaint proceedings? My stbx will give me a hard time.
I have been waiting a long time to understand this through my legal council.
Respectfully.


#6

Once the current order expires and there is no other order in place, then there is no schedule for you to follow and you can’t be held in contempt.

You will need to calendar your claim for custody as soon as possible for a court date.

Law enforcement will not be able to assist you without a valid court order in place.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

Thank you. My stbx is not letting me see our child. There is no custody order in place as of yet. It is going through the legal process. As of now, we both have rights to our child. My stbx is not being amicable in creating a split share time with our child. Children need both their parents. What else can you suggest to me besides continuing to be patient until our hearing? Thank you again.


#8

Document everything: the date, when you asked to see your child, the other parent’s response, etc. Try to communicate in writing and try to do so by email rather than text since emails will always have a date and time stamp, which will back up your testimony.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#9

Thank you. My stbx has dodged being served. Now I was served papers. Does it matter who is plantiff? My stbx is requesting full custody, supervised visits and child support. This is untenable.


#10

No, it does not matter who is plaintiff. Your competing actions can likely be consolidated into one file number, and usually they are consolidated into the file number that was filed first.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#11

Thank you. We seem to be having a hard time serving my stbx. His cousel will not receive the service as well. My stbx will not let me see our child. The legal system is obviously lengthy. What else can I do on my own parallel to my legal cousels proceedings? Can I go to the clerks office, family court to get more assistance? Our child needs me. Appreciate your help.


#12

You will need to use a sheriff’s deputy or process server to serve the father. It may help to provide the sheriff’s office or process server with times that he is likely to be at home. You can also serve him at his work or you can try sending a UPS or FedEx package to his home as long as there is no return address listed as a lawyer’s office (because he will then be more likely to reject the package).

The best thing you can do is provide addresses for the father and times that he is at each of those addresses to your lawyer so he/she can be more effective in getting him served. Once he’s served things will move slightly faster.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#13

Thank you. My stbx was served finally. He is intentionally keeping our child from me. It’s written in his emails. We have no custody orders in place as you know its a long process. I’m at the point to file prosee in family court to get movement in the legal system. My attorney is trying to get some arrangements with my stbx attorney outside of the courtroom. Again, another lengthy process. It is emotionally harmful for our child to be without their mother. I dont know what else to do. It’s over 7 months. The previous order expired and I cant see our child. Can you suggest any other alternatives? Thank you in advance.


#14

Now that the other parent has been served, you should be able to schedule a court date and/or a custody mediation. That is the only way you are going to get a resolution. While you are waiting on the court date to happen, your attorney can continue to negotiate a resolution.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#15

Thank you. My stbx is requesting the order that expired to stay in effect. I can’t see how this can stand or be granted since the order expired. Therefore our attorneys are working to negotiate but my stbx is making it very difficult and still keeps our child from having time with me. My stbx is telling me that he is going to get full custody, make all the decisions for our child and his mother is going to become primary caregiver of our child and I with supervised visitation. Is this even possible?
i just received a letter for Custody Orientation & the parenting apart program. Do you know if this orientation is an automatic letter that both parties receive naturally from the courts or did someone file for it? Thank you for helping me.


#16

The ultimate custody schedule will determined by the judge in the event the mother and father cannot agree. A grandparent will not be a primary caregiver in the event one or both parents are fit and proper persons to have custody.

The custody mediation orientation session and the subsequent mediation are required any time a custody lawsuit is filed with a few exceptions. This is standard to receive information about the custody mediation orientation session after a custody lawsuit is initiated. Both parents must attend and participate unless an exception is met (i.e. there is a domestic violence protective order between the parents, one parent lives more than 50 miles away from the courthouse, etc.).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#17

Thank you in advance. I’ve tried everything outside of the courtroom to see my child. My stbx will not allow anything unless there are orders. Listen, we dont have custody orders in place yet. It’s in process and the legal system is long. My stbx is evidently punishing me for personal reasons. This is effecting our child being without her mother. What else can you suggest I do to get to our child? I’m being incredibly patient, strong and trusting the legal system to prevail.


#18

Keep documenting everything, including all the times you have tried to see your child and what his response has been. A judge will not like if one parent has purposely kept the child from the other.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#19

Thank you. After some research, isnt this kidnapping?


#20

It’s possible if the other parent has concealed your child’s whereabouts.

For more information on this topic, check out our article Parental Kidnapping in North Carolina.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.