Ex Parte Orders?


#1

Dear harter:

Greetings. “Ex Parte” means only one party is meeting with the judge because they are not giving notice to the other party. When someone meets with a judge ex parte - the other side gets a chance to talk to the judge within 10 days.

Now, my advice is to immediately file a Motion to Show Cause against her and let the judge know everything that has happened. If I were you, I would get an attorney involved.

You may also want to file a Motion to Modify Child Custody to ask the court to allow you to move with your child. It is up to the court if your child can move or not. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

I have a question about a " Ex Parte" order? how does this work? I have Primary Physical Custody of my daughter, But my x girlfreind has Joint LEGAL custody and I have Joint LEGAL Custody. Her Visitation is 1st 3rd and 5th weekends. She Violated the court papers by taking her and not returning her to me. I am not sure of her Physical address, she won’t give me an address, which is in violation of our court order+she didn’t notify me about leaving 48 Hours before she took her out of the county of residence. which is also in my papers. I’ve been Researching this ex parte’ order idea but What happens when I do? another question. Will my X face criminal charges for contempt? Does this increase my chances of being able to Sue her for Sole Custody? Do I have to have FULL “LEGAL” custody to relocate out of state. What are the chances the court will tell me a Can’t move out of state. Or could I lose Full Physical Custody…? Thank You for Your Time. I am Just Really Concerned for My Daughter’s wellbeing. Thank YOU again.