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Ex Parte Custody


We have filed numerous ex parte custody complaints on behalf of our clients. The term “ex parte” is a Latin term. An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present and solely based on the verified complaint signed by our client. The other party is not given the opportunity to be present when the complaint is presented to the presiding judge. There must be some exigent circumstance that affects the child’s health and welfare to warrant the entry of an order granting our client immediate physical custody of his or her child. A return hearing is set, usually ten days out where both parties are present in court to present their case.

Here is an interesting article written by a judge Martin B. McGee on his take on ex parte custody cases. See link below.

http://familylaw.ncbar.org/newsletters/familyforumoct2011/exparte

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