What is an Application for Ex Parte and how is it filed?
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An Emergency Ex Parte order is governed under the Connecticut General Statute 46b-56f- Emergency Ex Parte Order of Custody. The statute allows for a parent or legal guardian to seek custody of a minor child or children when an application to the Superior Court for an emergency ex parte order of custody is filed to show that a parent or legal guardian believes there is an immediate and present risk of physical danger or psychological harm to the child or children exists. The court within its discretion may issue an emergency custody order for the protection of the child or children.
What is an Emergency Ex Parte Motion?
Ex Parte means “from one party”. During a family court proceeding, due process requires that each party provides notice allowing the other side an opportunity to be heard. However, an ex parte motion is an expectation to the rule to the due process. Once the co-parent or the legal guardian files an application for ex parte with a supporting affidavit showing why relief should be granted, a judge will carefully review the order and make an immediate decision, without notice to the opposing party, either granting or denying the application. If the judge grants the motion, the order is temporary, and a full hearing is scheduled where both parties are present.
How to file an application for ex parte motion?
An application for ex parte is filed at the Superior Court in the judicial district where the party resides. The application includes basic information about the case: name of case, the judicial district, and a docket number (if applicable).
The applicant will check whether he/she is the parent or legal guardian and list the child or children the motion is seeking to protect. The applicant will state the respondent’s name and mark whether another pending matter is before the court. The applicant marks the request for relief. Finally, the applicant explains the reasons the respondent poses an immediate and present risk of physical danger or psychological harm to the child or children. After the application is complete, the applicant fills out an Affidavit Concerning Children, and a judge reviews the documents. If the judge grants the application, without notifying the respondent, the judge will provide the stipulations. Regardless of whether the application is granted or denied, a hearing is scheduled no later than 14 days from the date of the application. The applicant must serve the respondent with a State Marshal at least five days in advance of the hearing.
What happens at the ex parte hearing?
Both parties should be present. If no active restraining order is in place, both parties will meet with a Family Relation Counselor. If an active restraining order is in place, the parties will meet with a Family Relation Counselor separately. At this point, both parties will have an
opportunity to address their concerns to make an agreement. Ideally, if an agreement can be made, a Family Relations Counselor will draft the order where the parties can move forward under the new agreement. If no agreement is met, the matter is presented to the judge. The applicant will present testimony, witnesses, and any evidence to prove the allegations set forth in the affidavit. The opposing party will challenge each allegation to defeat the motion.
What are the challenges either party may face when filing an ex parte motion?
Generally, an applicant files an ex parte application for custody when the other parent is abusing drugs or alcohol during their parenting time; actual or threatened domestic violence; child neglect or endangerment; or the other parent will take the child out of the state internationally without the parent’s knowledge or permission. That’s why it is important to discuss the matter with a family law lawyer to determine whether the specific facts or circumstances constitute an emergency. For the opposing party, the immediate hearing does not always allow time to adequately prepare.
Appeals and Post Judgment Motions
If the court rules against the opposing party, the opposing party may file a timely appeal stating the valid grounds for doing so. On the other hand, if an order is entered, yet circumstances change, an order to modify the judgment may be entered.
Next Steps
Hodgson Law Firm, PLLC represents parties in ex parte motions. We provide immediate response and listen to parties’ concerns to provide effective representation focused on trying to achieve positive results. To arrange a consultation, call us today at 203-529-7372 or admin@hodgsonlawfirm.com.
Hodgson Law Firm, PLLC, is committed to providing trusted legal counsel, practical solutions, and personalized representation to individuals and families throughout Connecticut & Maryland.
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Hodgson Law Firm, PLLC shares practical legal insights on family law, business matters, and motor vehicle offenses in Connecticut. Our goal is to explain the law clearly and help you make informed decisions with confidence.
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