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    tcdime1's Avatar
    tcdime1 Posts: 1, Reputation: 1
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    #1

    Feb 9, 2011, 04:52 PM
    Will filing an exparte order help me to see my daughter?
    Mother filed custody papers in the court but mediation isn't till march and court date is in April. She won't let me see my daughter. Would filing an exparte oder help?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Feb 9, 2011, 05:20 PM
    Quote Originally Posted by tcdime1 View Post
    Mother filed custody papers in the court but mediation isn't till march and court date is in April. She won't let me see my daughter. Would filing an exparte oder help?
    An ex parte order normally means an order by a judge, when notice of the application for the order was not given to the opposing side. There are very limited circumstances under which such an order can be asked for. They usually involve an extreme emergency.

    You wouldn't file the order; the judge would sign it and then file (or "enter") it. But I think you mean filing for such an order. No, I don't think you are going to be able to get such an order. But you could ask for a temporary order, and that the application for it be decided on an expedited basis.

    Some jurisdictions, I think, use the term "ex parte order" to mean an order signed after the judge reviews paperwork submitted by both sides, but without taking the time for scheduling a hearing. If this is what you mean, yes, that might be one way the application could be expedited.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 9, 2011, 06:15 PM

    Was there a prior visitation order? If not, you can try for an emergency temporary order of visitation.

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