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ex-parte motions
While I was incarcerated in March 2010, by Son's father was awarded "temporary" custody. When I was released I filed an 'Emergency ex-parte motion to modify emergency ex-parte motion for temporary releif', where the judge
WROTE "DENIED" and stamped his signature and did nothing else.
(THANKS FOR ALL OF YOU HELP SHELLY!!!)
the father has shown no ability to co parent, verbal and close to physical assault, alienation of affection, purgery and manipulation of the judicial system, ALL of which I can prove.
My question is....
should I next file an "EX-PARTE" motion for supplemental petition to modify custody and other relief and send it to the judge only, or JUST file it as motion for supplemental petition to modify custody and other relief?
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At this point you may need to file a normal Supplemental Petition. Don't send anything direct to the judge
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Please be aware, this forum is no substitute for a personalized consult. My answers may vary dramatically if I had read all of your prior documents.
Attorney Howard Iken
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ex-parte emergency
My son is now living with this man. He DOES NOT want to be there and has talked to both of us about it. His father has told him I have have "exposed him to drugs". His father has manipulated words to make our Son lie. He has told our son that he will never come back home. He forces our son to call his wife MOM which is one of the orders NOT to do. He refuses to co-parent with me. Any concerns I share with him, via email, as he will ONLY communicate with me through email, ends with me being a "liar", full of half truth's", "faulty logic" and so on. He never has talk WITH me about these things. He has been in direct violation of 13 of the 17 rules of the court order. He uses the excuse that there is a "No waiver" clause in the judgment, so I am the one that has to abide by the order.
If I let him know what I am doing, I am afraid that our Son will bear the brunt while he is living there.
Does this warrant an ex-parte emergency?
If I dont send it to the judge
, who is it that I send it to?
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Most judges I have dealt with would not consider that an emergency. But it all depends on the presiding judge
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If not an emergency, you must file it with the clerk of court and call the judge's office to set up a hearing.
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review.....
I have been on this site 2 days shy of a year. I cant put into words how great Mr Iken and his associates have helped me. On the phone, on my personal posts and by reading other peoples Q&A's. Though I am still fighting the good fight to get my son home, I have learned a tremendous amount of good information.
Thank you for all of the help you have given.
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