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Ex Parte Hearing Motion Order
Ex parte means without notice to, or attendance of, the opposing party. In response to an ex parte motion, i.e., a motion without notice to the opposing spouse, the court conducts an ex parte hearing without the attendance of the spouse. Based on this hearing , an ex parte order is issued, and the opposing spouse receives notice of the fiat accompli. Often attachments are issued ex parte to avoid giving notice to the defendant, since, a person who knows his property is about to be attached might quickly sell or mortgage it and secrete the money.
Question: motion for a hearing on a signed ex parte order? I recieved an ex parte order from my exhusband..I couldn't aford a lawyer or was unable to get legal aid. I answered back to it.the judge signed hisapplication for the ex parte order now I have 10 days to file with the courts a written motion for a hearing how do I go about doing this?? I called the clerk of courts she would not help or tell me anything except to get a lawyer. can I just write a simple letter to request this hearing or do i have to go into detail as to why I want a hearing.. can anyone please help me??? I only have till monday to file this ...Thank You!!
this ex parte order is in north dakota, the judge signed it now it says i have 10 days to file a motion....it says upon written motion,may have a hearing upon the necessity for the issuance of the order.. how do i file a motion for this?
Answer: The information in your letter is not clear, What ex parte order did you receive? What does that order require you to do? What exactly is the case between you and your ex-husband?
Question: ex parte order hearing? it's not for child abuse or anything like that.. it's because my ex and his new wife got a bogus psychologist to see my son to help get full custody of him.. the psychologist seen my 10 year old son.. i was not allowed to set into sessions with my son who has ADHD. my son has been seen by a few different doctors to confirm it . the psychologis says he don't have it and so does my ex. the judge went by what the psychologist said because they are good friends..it's a bad crooked deal and i have been trying to get an attorney no such luck any wheres . I need to find out how to request a written motion for the necessity of the issuance of the ex parte order how do i do this?? i was never any court dates in any of the papers i have recieved from the courts
Answer: I don't know the facts of the case.
It sounds like the father has gained custody of your son by stating that "you are a danger to your son". His case sounds like the mother is creating fictitious illnesses of the child. This would be Munchaussen's syndrome.
Your case would be your child does have ADHD.
Ex Parte orders are dangerous and can lead to miscarriages of justice. They are supposed to be for the emergency issuances of order where there is a high probability of risk/danger and the full process of law would not provide interim protection.
Following the ex parte hearing there should be at a later date an inter partes hearing so that the facts of the case can be heard and a proper judicial decision can be made. However in many cases this doesn't happen.
My advice is to go back to the court that issued the ex parte order and ask for advice on how to make your application. You will need a statement as to your side of the case, plus all the medical evidence (from your doctor) about your child's ADHD. You would need to file this evidence with the court.
Sorry I can't give more precise advice. I am in the UK.
Question: ex parte order? i never recieved an order to show cause the only papers i have recieved is an application and motion for ex parte interim relief and a defendants brief in support of motion for ex parte interim relief. none of those had a court date on them... I sent a hand written answer back to those and filed it with the court and also sent a copy to my ex's lawyer.. a few days later i recieved a signed ex parte order by the judge sent to me by fax.it says on the bottom of it that i have 10 days upon written motion,may have a hearing upon necessity for the issuance of the order..how do i file for that?
Answer: What this all means is that you need a lawyer. While I don't know what state you're in, it sounds like you're in a divorce-related dispute. Presumably the interim relief is in the form of monetary support for either your spouse or child(ren).
The laws and rules of your state will dictate how any filings should be made, and the requirements for both service of those filings and proper certification of service.
Question: When to file ex-parte motion for child custody? Firstly; I have my exes sister in laws telling me inside information.
1) I obtained medical/school records. In the medical records the father isn't taking the child into well child checks, but IS taking him only when he has a medical emergency. In one report he was considered morbidly obese with high blood pressure, physicians in ER wanted my son seen within 72 hours for a BP check, but he didn't do it.
2) He missed 14 days of school as either late, or absent.
3) He took him to an undisclosed location. I found this out by tracing his cellphone off of the hospital reports where he took him. Its a one bedroom apartment where he lives with 7 other people. According to sister in law there is marijuana in the home, dad doesn't smoke but other adults are.
4) He is being forced to call my exes girlfriend "mom" and when he doesn't he is verbally assaulted and even spanked.
5) My ex is having him call me and say really hurtful things that are being read for instance:
"Hi mommy thanks for the gifts. I miss you (long pause) but I'm afraid of you. I am not ready to see you or my brother you hurt me many times. it is being stuttered like the child is reading from a paper he is 9 so it is being phonetically sounded out. (a-A-fraid o-of yo-u) for instance, As the message starts you here my ex in the background briefly shushing him and the rattle of paper. During the pause you can almost here crying but its faint.
6) I called CPS and they recommended an exparte hearing. I am $1,000 shy to my retainer waiting for my paycheck in two weeks. Wait to retain, or file an exparte as CPS advised?
Can someone tell me if this is enough to file for an exparte custody order? I have the voice message, the medical records, and school records all on hand to show a court. The here-say can be backed up via e-mails from the sister in laws. One said she'd even testify in court because she doesn't want him to be hurt anymore. I don't know if I can get her to come to the exparte or sign something on paper.
TY! This is in California.
I know you can use mail, e-mail, facebooks etc... towards evidence. Can you use voicemail? The message today was recorded to my voice mail! What a message to wake up and hear!
There are also three counties involved. Court cases are in Napa/Sac, but the father took him to Solano. Solano CPS told me to file where I reside, or the child resides, not where the father opened a case without residence.
The voice message happened 3 hours ago. I couldn't go to the courts they were closed at 5pm. The rest I was told all this past week and got records for the past week from everyone! It hasn't been like months or years.
Answer: An ex-parte hearing is one that a motion requesting is filed immediately, and that the person filing it claims is enough of an emergency that it should be heard immediately, without even waiting to give the other party time to attend a hearing.
It is a general principal of law that all parties to an issue should have an equal voice at all hearings. Ex-parte hearings - i.e. a hearing at which the other party is denied the opportunity to present their side of the story - are therefore reserved only for emergency situations where there is a clear and present danger that cannot wait for a normal hearing to be scheduled.
While the original facts you posted, and that you told to CPS, would probably have been sufficient *at that time* to support a motion for an ex-parte hearing into whether your son should be left with his father pending a full hearing, the fact that you've allowed time to pass would probably lead a judge to determine that you don't really think it's that much of an emergency, and it can therefore wait until your ex can come to the hearing as well.
That doesn't mean you can't request an ex-parte hearing, just don't be surprised if it's refused.
Richard
Question: I have a hearing to omit\disqualify GM's Report & Recommendation of findings? Linda is the grandmother of my hailey hailey has been surrendered too linda because her mother, adrianna, involved in drugs and whatnot, can not be responsible for herself or anything else if ordered too.
So Linda, haileys grandma, keeps her away from me and her mother by going to indiana w\hailey. courts wont do anything ofcourse. The hearing involves the disqualification entirety of the report. Recently mailed motion for ex-parte order to compel production request was mailed may. mother deemed bipolar how much are transcripts and where to go
Anybody been Zambrano
Answer: If you are Hailey's father, why don't you have custody? Must be some reason for poor grandmother having to raise a child at her age. Are you still living with Hailey's mother? Get copies of the transcripts from the court where the hearing was held..
Question: Small Claims Court in Calif - Motion to Vacate judgement - Can they do this? I won a small claims judgment in California in July. In December I had a letter sent to the defendant to ask for the money, he never replied. Last month I had the sheriff's office take the money out of his bank account. The defendant has not filed a "Ex Parte Application for order shortening time on Motion to Vacate (cancel) Judgment." In his motion it states that he retained counsel on Aug 6, 2008 and filed a Trial de novo, prior to the deadline for filing and gave the request to a runner to file, but as it states in their motion "for reasons unknown the matter was never filed."
Any idea what's going to happen with this? Will the judge call a hearing or what do you think? I would love to hear if anyone has ever heard of something like this before or just get your opinion on it.
Thank you
This motion was just filed last week. The sheriff has the money but has not released it yet. I won the judgment outright, he was at the trial.
Answer: I've been through this. He's asking the court to cancel the judgment. And he's giving various reasons why. I'm guessing that you obtained the judgment because the def. was a 'no-show'. Doesn't matter though. His reasons are flimsy and I don't think he'll be successful. He knows that. He's just doing his thing to delay payment to you. After the motion is denied, you put in an application to amend the judgment to be 'immediate payment'. Why? Show all your paperwork concerning your attempt to collect. And cite his feeble attempt with the vacate application is only a delaying action. Good Luck.
Question: How to file Affidavit or Brief in Opposition to a Motion and motion? I was granted an injunction (restraining order).
The defendant is an attorney. She and her attorney have filed a motion for a new hearing de novo. How do I write, get and/or file an affidavit or brief in opposition of their motion?
Also, the defendant sent a letter to a judge (ex parte) regarding this matter. It was filled with lies and perjury, how do I oppose or refute her lies?
Please don't tell me to go get an attorney, as much as I need one, I cannot afford an attorney. I cannot find one to represent me for free or on payments.
Wisconsin Family Court
I have looked for forms online. I cannot find an example or form for this.
I have also filed a greivance, with the state Office of Lawyer Regulation, for her violations of SCR 3:3 and 3:5.
I also believe she is in violation of the law as an attorney - by misrepresenting herself, she uses several alias names.
Answer: put the caption on the left and the docket number at the top with the title and then go file it at the court clerk's office. you can ask them if they have an example of the style/heading they prefer (so it looks nice), and be aware there is all sorts of jargonistic language you will not be using. good luck
*edit* call the court clerk's office, surely they have an example you can look at or can point you in the right direction, you can't be the first person to go to court without an attorney
Question: Does Kentucky have to follow federal laws since they do not consider themselves a "state" but a "commonwealth"? I am asking because my ex husband and I both moved out of our child's home state, each to a different state. He is in Kentucky and I am in Missouri. Last year I registered the NYS Family Court Order in Missouri (I have had years of him refusing to return our child) so that modifications/changes of the order can occur where our child now resides. He received notification of this last August, however, he filed an ex-parte motion in Kentucky the day before he was due to return our son from his summer visitation and was granted a temporary custody order until the case is heard. Our child is 14 and has never lived in Kentucky, only visited. My ex signed an affidavit stating that Missouri never registered the family court order but I have the documentation that they did. I was under the belief that federal law states that another state cannot modify a family court order if another state has jusridiction. Is this true?
Answer: Kentucky is considered a state for the purposes of federal law (and really, for all other purposes as well).
Question: Is a judge involved in a Motion to Compel? Yes, It's me again.. and again..
In California- Respondent in a Restraining Order bench trial-
Since I am forced to proceed, pro per- I would like to be as certain and prepared as I possibly can.
Two Demands for Production of documents have already been sent- the first on March the 22nd, the second Demand- on May the 17th. No docs, no objection, no communication.
I will do my best to prepare the Motion to Compel from examples I have found (changing specifics).
Do I simply mail the Motion to opposing counsel and obtain a Proof of Service? or
Do I file an ex parte?
Is a judge/hearing involved in such a Motion? and
Will a Motion to Compel further delay the trial?
It has already been reset from 5/2 until 6/27.
Thank you so much!
To Serj Tankian.. if you're out there.
Thank you for the response. But what do I do?
Mail it to opposing counsel?? How does it get to the judge? I am a bit confused now.
P.S.
10 easy (simplified) steps/instructions or less for Pro Per Dummies, would be great! Thanks!
To Serj Tankian- My many, many thanks for going the "extra mile" and for putting your time and knowledge into your reply. Peace Out!
Serj Tankian- PLEASE...... your reply was everything and more! Thank you! Thank you! But... you respond 1.) fill out document
what document? I have searched every resource and have also been told that there is no form for a Motion to Compel. HELP!
Answer: I just saw you are in California, that State has extra rules regarding motion to compel....
The motion to compel is mailed to the court where the judge then decides whether or not to require the opposition to do what you are asking.
In short, yes.
Federal Rule of Civil Procedure 37 Pursuant to FRCP 37, "On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action."
According to rule 37, the moving party must give the appropriate notice to the responding party. This allows the other party the opportunity to answer the alleged inadquate responses. Thereafter, if the questions have not been adequately responded to, then the moving party may ask the court for a motion to compel.
1.) Fill out document
2.) Make sure to indicate how the opposing party has failed to give you appropriate discovery responses.
3.) Wait for the court to order and or sanction the other party to give you the documents you need. Obtain a proof of service of your demands for production of documentation.
The other party sounds like they're trying to push you around because you chose to do pro per/pro se.
EXTRA CALIFORNIA RULES
Pursuant to California Rule of Court 3-1020:
(c) Contents of separate statement
A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference. The separate statement must include-for each discovery request (e.g., each interrogatory, request for admission, deposition question, or inspection demand) to which a further response, answer, or production is requested-the following:
(1)The text of the request, interrogatory, question, or inspection demand;
(2)The text of each response, answer, or objection, and any further responses or answers;
(3)A statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute;
(4)If necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it;
(5)If the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth; and
(6)If the pleadings, other documents in the file, or other items of discovery are relevant to the motion, the party relying on them must summarize each relevant document.
Question: more information on the exparte order? i was never told of a date for the ex parte hearing i checked and rechecked my papers not one thing says anything about a hearing date!! on the judges signed exparte order it says i have 10 days upon written motion, may have a hearing upon the necessity for the issuance of the order.. I have tried legal assistance....called around and asked most of the lawyers in fargo N.D. if they would do pro bono cases and ect.. no luck in me getting an attorney my case is not in fargo but in a small town named wahpeton north dakota where the judge and lawyers and everything all go golfing or what ever together and they are tight down there they call it kangaroo county because they are all crooked and no one stops them ..they make there own laws down there i have seen the judge break alot of the judical canon codes does anyone have any ideas on how to file a written motion for a hearing
Answer: What country are you located in?
Question: How can police officers differentiate discretion from discrimination? Over the years, I have had a handful of custody disagreements with the mothers of my children. When I was in my 20's and a new father...several times my childs' mother would not allow me to see my kids. I would call LAPD to help me, and the outcome 100% of the time was...they had me meet them at the mother's house. I would talk to the officers, they would talk to me, and then they would say since there is no custody agreement I would have to go to court...and there was nothing they could do to help me. This happened to me several times as a youth. On one occassion, the officers ran my drivers license AFTER they helped me and took me to jail for a traffic warrant. Imagine how I felt in jail, because I called law enforcement to help me see my child.
Ten years later, I'm married to a different woman...and separated. We had an infant child that she attempted to keep me from seeing by getting a Temporary Restraining Order (TRO). The TRO was initially granated, but denied after going to court for the hearing. My wife changed her numbers and wouldn't respond to email requests to allow me to see my son. At the advice of my cousin who is a detective at another local law enforcement agency I filed for custody, and contacted the local sherriff's office to arrange a police escort to my son's day care in order to pick him up. I talked to several officers that refused to help me. The next morning I talked to an officer that helped me and arranged an escort. I got my son, but not after they throughly frisked me, searched my car, and ran a warrant check. They even went to my wife's job to personally tell her I was taking my son and ask if she had a court order preventing me. All in all they did help me. The officers informed her that I was keeping my son for at least the rest of the week so and I would call on Sunday to arrange bringing him home.
Before the Sunday came, her attorney called me and informed me of an Ex-Parte motion to regain custody of our son. Long story short...two judges refused to hear the case as "the child is with the father, and there is court date in 6 weeks..."
After getting home from court, my wife and her family arrived at my dad's house (who was babysitting for me) and blocked me in from leaving. My wife called the police (LAPD) and told them that I wouldn't let her see our son. I informed the officer of all the above. I showed them documents showing that the TRO had been denied...documentation that two judges refused to hear the Ex-Parte motion...and documentation that there was a hearing date set to establish custody.
The officers tried to get me to allow my wife to take our son overnight. I informed the officers that I had been advised by my attorneys to no allow her to take the child off the premises as there wold be nothing requiring her to bring him back. I informed them that she was welcome to come in the house and visit with our son, but she would not be able to take him off the premises until our attorneys were able to settle a temporary visitation schedule until the hearing date.
The officers were VERY CLEAR that they would like me to allow the mother to take the child or they were going to take the child and get Child Welfare involved. They ultimately took my 5 month old sleeping son from my dad's house...took him to the police station and called children's services. My son was returned to me in an hour.
This was the first time that I had a custody disagreement AND possession of the child AND knew my rights.
The same LAPD SGT that was adamant about me giving the child to my wife was VERY apologetic when he had to return my son to me and inform my wife that she had to wait until the court date.
I felt discriminated against, as the 3 times prior to this when I was on the other side of the equation...I got NO HELP...and went to jail for a few hours once.
Answer: Sounds like you need to sue the police station--they did NOT handle this situation correctly, especially when you had signed orders stating your rights and they were telling you to go against them. You did the right thing by standing your ground, but yeah, sounds like the cops were in the wrong here. Take it back to court and fight it. :)
Question: Will this go to court in 2010? 2. I am a citizen of the United States of America and a resident of the state of California.
3. I am an attorney and an officer of the court licensed in all courts of the state of California, Supreme Court of the United States, Federal District Court in the central District of the State of California and have practiced pro hac vice in the states of Texas, Pennsylvania and Georgia.
4. This declaration is made in response to the October 29th order in above captioned case.
5. During the October 5 hearing in the above mentioned case Judge David O. Carter stated that I encouraged my supporters to call him.
6. I declare under penalty of perjury that this is not true.
7. During the hearing I tried to protest this defamatory allegation against me and asked to speak. However, Judge Carter refused to let me speak and respond to this allegation.
8. In the same order on page 29, Judge Carter has stated that he received letters with affidavits, claiming that I asked potential witnesses to perjure themselves.
9. I declare that this is absolutely and categorically not true, and it constitutes an outrageous defamatory and slanderous accusation. Those letters were ex parte communications, highly prejudicial against me and my clients and I had no opportunity to respond and deny those accusations.
10. I believe that the court referred to the letters from Larry Sinclair and Lucas Smith. Both parties were contacted and asked to be witnesses during the motion hearing on September 8, 2009.
11. I have asked Larry Sinclair to authenticate an affidavit he submitted to the Chicago police regarding the homicide of Mr. Donald Young. In fact, the statements to which Mr. Sinclair would testify are already a matter of public record.
1. In the affidavit submitted to the Chicago Police and in his book, recently published, Mr. Sinclair stated that Mr. Donald Young contacted him repeatedly and told Mr. Sinclair that he had a lengthy homosexual relationship with Mr. Obama.
2. The affidavit further said that Mr. Young was found dead, shot in the back of his head at the onset of the Democratic primaries for 2008 presidential election.
3. Any allegation that I asked Mr. Sinclair to perjure himself is not only completely defamatory, but lacks any sense or reason, as Mr. Sinclair’s affidavit regarding Mr. Young’s homicide can be found filed with the Chicago police department and in his book, that can be purchased on the Internet.
12. I asked Mr. Lucas Smith to authenticate Kenyan birth certificate for Mr. Barack Hussein Obama, which he previously tried to sell to the highest bidder on E-bay. Again, any allegations that I asked Mr. Smith to perjure himself is absolutely not true, defamatory and ludicrous, as he made this information available to the public long before he ever met me.
13. As of now I am the only attorney with the courage, integrity and strength of character to not only bring forward information of Mr. Barack Obama not being eligible for the office of the presidency, but I am also to submit to court information from two licensed investigators, showing that Mr. Obama has used 39 different social security numbers according to national databases, including social security numbers of deceased individuals.
14.I am bringing forward evidence showing that Mr. Barack Hussein Obama, sitting president, is guilty of multiple felonies, for which he might need to spend the rest of his life in prison.
15. I believe, that I am being targeted in an effort to silence me, which involves targeting my law license in an attempt to try to prevent me from proceeding with legal actions on the above issues.
I solemnly swear under penalty of perjury that all the facts stated and circumstances described above are true and correct statements.
Respectfully submitted,
NOVEMBER 5, 2009
Will this case make it to the bench?
Wendy C - I respectfully listen to your points also.
Answer: if it does, it will include cached screen shots of her doing exactly what she denies having done..
telling supporters to contact the judge.
I personally have seen those. She is lying under sworn affidavit.
Yes, that is completely a violation of Professional ethics for any attorney.
I won't bother trying to debate the falsity of the other statements.
edit
I recognize that you DON'T agree with what I say... but I will continue to speak (respectfully)...
It is a scam, and Taitz is completely ignorant of all legal procedures. This "statement" is one more example of that ... the case IS DISMISSED. Closed. And she tries to worm in a statement, that has absolutely no legal basis, nor does it have any relevance to the core legal questions which she tried to impose.
Judge Carter HAS NO AUTHORITY or jurisdiction to make any ruling on if a President is or was eligible. ALL cases have to play by legal rules, which this one does not. It is the same with the case in Georgia, where she defied a direct ruling by Land, to CEASE filing, and she did not do so.
As for "defamatory".. nothing filed in the context of a lawsuit is defamatory, or subject to slander. It is protected from civil slander issues. On the other hand.. what she posts on a website, OUTSIDE OF AN OPEN LAWSUIT may not fit that.
nor does she have "evidence of" anyone being guilty. Guilty is a legal judgement, which has not been made by any authority. She has ALLEGATIONS (and laughable ones at that).. which she can turn over to an agency with authority to investigate.
Suggestion...STEP BACK and evaluate the words, which do nothing more than play on emotion of persons, who want to believe them to be true. WITHOUT EMOTION, you would be far more able to pick up on the complete lunacy of what is put out here.
Question: Texas Family Court Appeals? FIRST. i do not have money for an attorney. if i did, i wouldn't be here! if you have ugly things to say, please move on. i need information. thank you!
my x abandoned our family, took all the money, closed the accounts, you name it. i am disabled (two time cancer, etc.). i worked for our small business (opened 1 year before our marriage) for 21 years. my x was sleeping with 3 woman during our trial/hearing process -- including his attorney's legal assistant. i knew it -- told my then attorney, nothing done. his attorney is obviously friends with the judge. i was given 2 weeks to get out of my house (he didn't even WANT to move in), he didn't put it on the market as he was ordered, didn't pay the health insurance as ordered, stole my car, the list is endless. he stole everything awarded to me. the court refuses to make him do anything. in fact, i file motions for assistance and he spouts off and i leave worse off than when i came in! he never filed anything!!
additionally, he took me to court for a restraining order. it was thrown out -- along with everything he asked for. i NEVER contact him unless he hasn't paid his child support. now, he is going to the family court judge asking for the same thing!
i filed for an appeal, but they said they didn't get my money (not true). i keep going back to the same judge (who even admitted to being in on the office 'gossip' when it was brought out that he was just ONE of the men who MIGHT be the father of his then-attorney's legal assistant. isn't this unethical? ex parte, i believe?
okay - can i "appeal" to a higher court when the hearing went against me? they have thrown out the book. this judge just plain gives him everything -- even when he doesn't ask in writing. going back to this judge is useless. i am filing a judicial misconduct complaint, but that doesn't help now.
the question is -- can i appeal, after the divorce is final, to the appeal court, decisions that he has made that are not legal? thank you.
Answer: The only answer to this question is - You need an attorney. I know you put the disclaimer that you do not have money for an attorney, but you have to find one that will create a payment plan for you. Texas divorces are amongst the most complicated in the nation, and you obviously don't know the law. There are many allegations being thrown around and I can tell you as a paralegal, you will end up doing something procedurally wrong and get the whole thing thrown out with no recourse.
I linked a site that may help you find an attorney that can do your case pro-bono or for low fees. My only advice is DO NOT try this alone. The Texas Appellate Courts are brutal and will have no mercy on you.
Question: How can police officers differentiate discretion from discrimination? Over the years, I have had a handful of custody disagreements with the mothers of my children. When I was in my 20's and a new father...several times my childs' mother would not allow me to see my kids. I would call LAPD to help me, and the outcome 100% of the time was...they had me meet them at the mother's house. I would talk to the officers, they would talk to me, and then they would say since there is no custody agreement I would have to go to court...and there was nothing they could do to help me. This happened to me several times as a youth. On one occassion, the officers ran my drivers license AFTER they helped me and took me to jail for a traffic warrant. Imagine how I felt in jail, because I called law enforcement to help me see my child.
Ten years later, I'm married to a different woman...and separated. We had an infant child that she attempted to keep me from seeing by getting a Temporary Restraining Order (TRO). The TRO was initially granated, but denied after going to court for the hearing. My wife changed her numbers and wouldn't respond to email requests to allow me to see my son. At the advice of my cousin who is a detective at another local law enforcement agency I filed for custody, and contacted the local sherriff's office to arrange a police escort to my son's day care in order to pick him up. I talked to several officers that refused to help me. The next morning I talked to an officer that helped me and arranged an escort. I got my son, but not after they throughly frisked me, searched my car, and ran a warrant check. They even went to my wife's job to personally tell her I was taking my son and ask if she had a court order preventing me. All in all they did help me. The officers informed her that I was keeping my son for at least the rest of the week so and I would call on Sunday to arrange bringing him home.
Before the Sunday came, her attorney called me and informed me of an Ex-Parte motion to regain custody of our son. Long story short...two judges refused to hear the case as "the child is with the father, and there is court date in 6 weeks..."
After getting home from court, my wife and her family arrived at my dad's house (who was babysitting for me) and blocked me in from leaving. My wife called the police (LAPD) and told them that I wouldn't let her see our son. I informed the officer of all the above. I showed them documents showing that the TRO had been denied...documentation that two judges refused to hear the Ex-Parte motion...and documentation that there was a hearing date set to establish custody.
The officers tried to get me to allow my wife to take our son overnight. I informed the officers that I had been advised by my attorneys to no allow her to take the child off the premises as there wold be nothing requiring her to bring him back. I informed them that she was welcome to come in the house and visit with our son, but she would not be able to take him off the premises until our attorneys were able to settle a temporary visitation schedule until the hearing date.
The officers were VERY CLEAR that they would like me to allow the mother to take the child or they were going to take the child and get Child Welfare involved. They ultimately took my 5 month old sleeping son from my dad's house...took him to the police station and called children's services. My son was returned to me in an hour.
This was the first time that I had a custody disagreement AND possession of the child AND knew my rights.
The same LAPD SGT that was adamant about me giving the child to my wife was VERY apologetic when he had to return my son to me and inform my wife that she had to wait until the court date.
I felt discriminated against, as the 3 times prior to this when I was on the other side of the equation...I got NO HELP...and went to jail for a few hours once.
Answer: I'm sorry this happened to you. The frequency of cops or judges taking a mans side when it comes to custody over children is very rare. This, I do believe, is discrimination. I hope all works out.
Ex Parte Hearing Motion Order Related Products and News
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