Q: When an ex parte emergency custody order is made and given to the judge, does the opposing party get to give their side?
I'm asking if them and their lawyer get to go before the judge and plead their side the day the order is brought to the judge
A: You must give the opposing party some notice (usually a couple of hours is the standard) prior to presenting the Judge with an Ex Parte emergency order. Even though I have shown up for my client in these situations, there is no statutory requirement that the Judge must listen to argument. There will be a show cause hearing set within 10 days where the opposing party may argue their point. As in all of these situations, the law is very specific and getting the pleading just right is important. Whichever side you are on, it is my opinion you should have an attorney to make sure your petition or your argument doesn't get thrown out based on a technicality. We would be happy to answer your question more thoroughly. Boeheim Freeman Law 918-884-7791.
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