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Ex parte orders explained

by | Aug 11, 2017 | Family Law

As a single or divorced father in Indianapolis, your nightmare scenario may be having your custody or visitation agreement modified or terminated without notice. While some may tell you that this is impossible, many of the clients that we here at Schembs Law has assisted in the past have faced this scenario. The court may, depending on the circumstances of your case, decide to issue an ex parte order. This is essentially an emergency ruling made at the request of another for which you do not have to be notified of prior to being put into effect. Understanding when such orders may be issued may help you in challenging one that has been requested in your case.

Typically, ex parte orders are issued when there are concerns about the potential for domestic violence or sexual abuse. When such orders are requested in regards to a change in child custody, the Indiana Commission on Judicial Qualifications has set clear guidelines on how judges should handle such petitions. These state that your ex must clearly show that immediate and irreparable injury, loss or damage will occur before you are able to be heard in opposition to the modification of your custody agreement. Furthermore, security funds must be in place for damages or costs that you may incur due to being wrongfully restrained by such an order.

The guidelines go on to state that an ex parte order is not an appropriate action to initiate a custody modification, but rather a request for emergency relief. Claims that you may have violated your custodial agreement, your child has expressed a desire to live with you, or your ex wants to move out of state are not viewed as emergencies.

You can discover more about custody agreement modifications by continuing to browse through our site.

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