Ex Parte


#1

I have a 4 yr old daughter from a previous marriage… He father has come once a year to pick her up, despite our visitation agreement stating he is to have her every other weekend… He makes no further contact than his annual visits, and the one year mark from the last visit is quickly approaching. I came to find out he just recieved a DUI and had his license revoked, he drives only a corvette and lives out of the state (as of 40days ago he relocated to VA when he use to reside 30 mins away from us, he is now 4 hours away) Do you think I should go to the courthouse and request an ex’parte so he can not pick her up this easter, like he tends to do? I am worried that he will not tell me about the revoked license, nor do I have contact information for him (although legally he is supposed to provide me with it within 24 hrs of any change)

I think my daughter is getting to the age where it is dangerous for him to only see her once a year. She does not know who he is, and has been calling my current husband ‘Daddy’ for some time. My ex husband has literally seen my daughter 4 times total, and only once was the visit overnight, several years ago. I’m not sure what to do, will I even be able to get an ex parte order?

Oy vey,
Leigha’s Mom


#2

Based on the facts I do not think an Ex Parte emergency order would be granted. The best course of action is to file a motion for judicial assistance asking the court to place some restrictions on him related to transportation of the child.