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Ex Parte Hearing?

Asked Oct 30, 2007, 01:53 PM — 2 Answers
After a length and nasty custody battle, I have full legal and physical custody of our 2 1/2 year old son. His father abducted him early into the custody hearings, and has been found to have psychological issues, (specifically that he is bi-polar), and a history of drug abuse.

He has supervised visits, but has not seen his son since April. This morning he called to let me know he was going to be filing for an ex parte hearing, and that apparently we would be back in court within 24 hours of him filing? Has anyone heard of this? Can he really do that?

The last hearing we had, which I thought was the final one, he didn't even bother to show up for, so the custody order was put into effect as I requested it, with the provision that nothing about supervised visits change until he has sought treatment for his psychological issues.

He also stated during the conversation that he has two psychiatrists that have said he is not bi-polar. Part of the custody reccomendation is that he undergo treatment, which he is refusing to do, instead he has found his own expert witnesses I guess to back him up.

Has anyone ever dealt with a situation like this? Can he really file an ex parte hearing with no good cause? Do I have a right to ask for attorney fees to be paid for by him if he does drag us all back into court for no reason? We live in California, but the way.


Thank you!

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TheSamo's Avatar
TheSamo Posts: 4, Reputation: 1
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#2

Nov 20, 2007, 12:19 PM
The thing about "Ex-parte" is if you are going to file you

"Must Have Good Cause"
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ultra33's Avatar
ultra33 Posts: 1, Reputation: 10
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#3

Mar 24, 2011, 06:52 PM
Just when you think something's are impossibe to do, turn out to be possible.. My ex husband got and ex parte order and was granted temporary custody over telling a bunch of lies about me.. We went to the first hearing regarding the ex parte order and I had proof it was all false, and I still don't have my son? I don't even have a visitation order? It has been 2 months since I have had my son.
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