Q: My ex husband got temporary custody of my daughter at an ex parte hearing. Shouldnt i have been informed?
A:
How does Denver or Colorado affect your situation? If this hearing occurred in Colorado, you should repost this in the Colorado forum.
If this hearing took place in California and you merely live in Colorado, then the answer to your question is no. Custody and visitation can temporarily be awarded to one parent in California at an ex parte hearing. In many situations, notice does not need to be given to the other party/parent in an ex parte hearing situation. The upside is that the order is temporary and goes for just a few weeks usually.
Joseph Torri agrees with this answer
A: If the ex parte hearing was in California, your ex husband or his attorney filed a proof of service. It will be interesting to see what the proof of service says since somebody needed to give you notice, usually by phone. It certainly sounds like you did not receive phone notice of the hearing. California law allows for one parent to file ex parte in certain situations seeking immediate temporary relief based on whatever the "emergency" is, if the judge finds that the request should be granted. These cases are especially difficult on the parent living out of the state where the hearing occurred.
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