Flint, MI asked in Family Law for Michigan

Q: Emergency Ex-Parte suspending parent time. Do you have to always notify the other party?

This was done and the party was not notified to be able to respond and there was no just cause for it. Estranged Wife was just mad and did this. Motion for hearing dismissed bt Plaintiff. Husband found out by looking on line at court records as he didn't get his son as he was supposed to. Why would he have no right to respond to any alligation to what she said to a court judge?

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Ex parte orders, when granted, are entered without notice to the other party. They are, by their nature, emergency motions.

Once entered, you should receive a copy of the order, which has notice requirement language explaining how to object. Without going too far into the logistics, you need to timely file an objection and notice it with the court for a hearing date, then serve the other party with that notice.

I'm not sure what you mean by "motion for hearing dismissed by Plaintiff"; a party doesn't dismiss motions. If the court is saying that the motion now comes too late, you may need to file a different motion explaining the delay (i.e., never received order). BUT, before you go down that road, every party in a family case has an obligation to have their proper address on file. If you moved and did not notify the Friend of the Court, and the order was sent to some other address, the fault lies with you on that.

Philip G. Vera
Philip G. Vera
PREMIUM
Answered
  • Utica, MI
  • Licensed in Michigan

A: An ex parte order is entered without a hearing and used if there's a potential for irreparable harm if an immediate order is not entered. However you must receive notice of the ex parte order and a proof of service must be entered with the court in order for it to be enforceable. You would have 14 days to object to the order after you are served. If you are not served, the order is technically not enforceable since you have not gotten notice.

If you are served and no objection is filed within 14 days, the order automatically becomes an order of the court.

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