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Ex Parte Motions and Orders: What to Expect
When untangling the convoluted, messy labyrinth that is family law, one may easily become overwhelmed and frustrated. Occasionally, as family lawyers in Grand Rapids, we receive questions about how ex parte motions and orders work. Here we will attempt to condense the basic information and explain how this procedure works on both ends of the coin.
Before we proceed with the details, it’s important to keep in mind that ex parte orders are not easy to obtain in the state of Michigan. This is due to the fact that Michigan family law attorneys, like most people, believe in children’s rights and generally prefer to keep families together.
What to Expect if You’re on the Receiving End
If your spouse has filed an ex parte motion against you, your first reaction might be to panic. Your concern, rightfully, will be for your children, and you might fear that you will lose partial or full custody. This is the common response for any parent who genuinely and sincerely wants the best for their child.
The good news is that in most cases of divorce, ex parte orders are unnecessary. They are typically granted only in emergency situations, including circumstances wherein one spouse could potentially cause harm before a hearing, or informing the spouse that a motion has been granted could trigger violence.
If you are still concerned that your spouse may attempt to obtain full custody, contact a reputable Grand Rapids divorce attorney and begin to prepare your case.
What to Expect if You Are Trying to File an Ex Parte Motion
On the other hand, if you are attempting to file an ex parte motion and feel that your concerns will be dismissed or not taken seriously, it is crucial to contact a family law attorney immediately.
In situations where harm is imminent, the courts will undoubtedly grant you an ex parte, and your spouse will need to comply with it from the moment it is served. If they disobey, they may be found in contempt of court and may face punishment ranging from fines to jail time.
In the state of Michigan, ex parte motions are taken seriously, but in order to ensure your case is rock-solid, it is important to contact an experienced divorce attorney right away. When it comes to ex parte motions and orders, time is of the essence.