Petition for Ex-Parte Order

Transcription

1 $5.00 Petition for Ex-Parte Order (Petition, Affidavit, Order) When to Use: Filing Fees: Method of Payment: Where to File: Copies: Additional Information: You have specific facts set forth in an affidavit; That irreparable injury, loss or damage will result from the delay required to effect notice; and/or Providing the other party with notice prior to entry of an order would cause an adverse reaction. $20; or $100 for orders regarding custody or parenting time Cash Credit Card Money Order payable to: Clerk Circuit Court Records 414 Washington, Room 320 Grand Haven, MI (616) Original + 2 copies When a motion or petition is filed, both parties are entitled to be heard and must receive notice of the hearing. Generally, the other party must receive notice at least 9 days before the hearing. A request for an ex-parte order is a request for the court to enter an order without allowing both parties an opportunity to be heard. An ex-parte order is a temporary order. If you file a petition for an ex-parte order, you may also need to file a petition or motion to be heard on a regularly scheduled motion day. If the judge grants your petition for an ex parte order, it will not be enforceable until the other party is served with notice. You are responsible for serving a copy of all documents on the other party. Once you have served the other party, you must file a proof of service with the Clerk s office. The other party will have an opportunity to refute your statement in a subsequent hearing or objection. 3/16

2 20 th Circuit Court Family Division PETITION FOR EX PARTE ORDER Parenting Time Other 414 Washington Ave., Grand Haven, MI Plaintiff: (Name, Address, Phone No.) Defendant: (Name, Address, Phone No.) moving party moving party PETITION FOR EX PARTE ORDER NOW COMES the Petitioner and says: 1. A Court Order dated grants the following: 2. The petitioner believes that irreparable harm may occur if the Court does not grant the petitioner the requested relief because: 3. The specific allegations are contained in the attached affidavit of petitioner other, named here. WHEREFORE, petitioner requests: A. That an ex parte order be entered suspending the plaintiff s defendant s parenting time with the minor child(ren) listed below. CHILD S NAME DATE OF BIRTH granting the following relief: B. That petitioner be granted any other relief the Court determines equitable. Dated: Signed:

3 20 th Circuit Court Family Division AFFIDAIT Page 1 of 414 Washington Ave., Room 320, Grand Haven, MI Plaintiff: Defendant: Petitioner other, named here, being duly sworn says the following is true to the best of my knowledge and belief: 1. Irreparable injury, loss or damages will result from the delay required to effect notice and/or, Providing the other party with notice prior to entry of an order would cause adverse reaction. 2. I believe the above will occur because: Date: Signature of Affiant On the day of, 20, before me, a Notary Public for the County of, personally appeared the above-named, known to me to be the person referred to herein, and made oath that s/he has read the above Affidavit, by her/him subscribed, and the same is true of her/his own knowledge, except for matters stated therein to be on information and belief, and as to these matters s/he believes to be true. Notary Public, County, Michigan Acting in the County of, Michigan My commission expires

4 20 th Circuit Court Family Division AFFIDAIT Page of 414 Washington Ave., Room 320, Grand Haven, MI Plaintiff: Defendant: Continued from page. Date: Signature of Affiant On the day of, 20, before me, a Notary Public for the County of, personally appeared the above-named, known to me to be the person referred to herein, and made oath that s/he has read the above Affidavit, by her/him subscribed, and the same is true of her/his own knowledge, except for matters stated therein to be on information and belief, and as to these matters s/he believes to be true. Notary Public, County, Michigan Acting in the County of, Michigan My commission expires

5 20 th Circuit Court Family Division EX PARTE ORDER 414 Washington Ave., Grand Haven, MI Plaintiff: (Name, Address, Phone No.) Defendant: (Name, Address, Phone No.) At a session of said Court, held in the Building In the city of Grand Haven, Michigan on the day of, 20 : PRESENT: HONORABLE, Circuit Judge The Court has reviewed the Petitioner s request for an ex parte order and the Court has has not determined that irreparable harm or an adverse reaction may occur if ex-parte relief is not granted. Therefore, the Court determines that the following Order should be entered: IT IS HEREBY ORDERED: that the request for ex parte relief is DENIED. The pleadings submitted do not establish the likelihood that immediate and irreparable injury, loss or harm will occur before a hearing can be held, or that notice of the hearing will precipitate adverse action as required by MCR The petitioner may request a hearing on the motion with proper notice to the other party. that the plaintiff s defendant s parenting time with the child(ren): is suspended. that the request for ex parte relief is GRANTED as follows: EITHER PARTY may object to this Order. Such objection must be filed with the Circuit Court Assignment Clerk within 14 days after service upon that Party. Upon hearing such objection, the Court may rescind this Order or make such modifications as shall appear appropriate. Otherwise, this Order shall remain in effect until further Order of this Court. Circuit Court Judge

6 20 th Circuit Court Family Division PROOF OF SERICE 414 Washington Ave., Room 320, Grand Haven, MI Plaintiff: Defendant: On (date), I Personally served, Sent by ordinary first-class mail to Plaintiff Defendant at his/her address in the caption above, the following documents: Petition for Ex-Parte Order (with attachments) Ex-Parte Order Other: I declare that the above statement is true to the best of my information, knowledge, and belief. Date Signed Legal Self-Help Center, 414 Washington Ave., Room 220, Grand Haven, MI /14