Q: Can someone file ex parte under false alligations? The father filed and took the baby from my daughter. Baby now in harm

A: When an ex parte order is granted, the Court gives you an opportunity to show your evidence and refute their evidence relatively quickly. Technically the hearing must be set within 10 days of the ex parte order being granted. You will need to present your evidence at that hearing to provide proof as to what happened.

Depending on where your case is located, the format of the hearing can vary. Most judges accept evidence at the hearing by requiring the parties to submit affidavits prior to the hearing. They do this instead of allowing any live testimony at the hearing. Thus, if the hearing is "on affidavits" you can't just plan to show up and testify to the judge as that is not the format of the hearing.

On the other hand, depending on where your case is locate, your judge may allow you to call witnesses to testify at the hearing. It depends on what county (and sometimes which judge) your case is in front of.

If your case is in Douglas County, the Judges generally hold these hearings by affidavits. The affidavits are usually due to the Court (and a copy sent to the other side) at least 48 business hours prior to the hearing. Thus, if this applies to your case, you will want to make sure that you meet the requirement to have your affidavits submitted timely or the Court may not procedurally be allowed to hear your side of the story.

You should retain an attorney to advise you as to what specifically applies in your case. If you can't afford an attorney, there are a number of places that you can apply for lower cost (low bono) or pro bono services.

If you aren't able to retain an attorney prior to the hearing, then you should do your best to follow the Court rules and present your evidence. The Nebraska Supreme Court website has a lot of forms and information for those who are representing themselves or looking for samples and information. For example, I know there are some samples as to what an affidavit looks like on the Nebraska Supreme Court's website, such as the Temporary Child Information Affidavit and the Financial Affidavit for Child Support. Depending on the facts of your case, you may also be required to take the co-parenting tips class. There is also information about that class on the Nebraska Supreme Court's website.

https://supremecourt.nebraska.gov/programs-services/mediation-restorative-justice/parenting-education-classes

https://supremecourt.nebraska.gov/forms

You should set up a consult with an attorney to advise you as what specifically applies in your case may be different than the general information provided here and on the Nebraska Supreme Court's website.