In Wisconsin, ex parte child custody refers to a legal action in which one parent can request temporary custody of a child without giving notice to the other parent. This is typically done in emergencies where the child’s safety or well-being is at risk and immediate action is needed.
A parent can request an ex parte child custody order by filing a motion with the court and providing evidence to support their claim that the child is in danger. The court will review the evidence and determine whether or not to grant the ex parte order.
The lawyers of Divergent Family Law will walk you through the 4 steps of an ex parte, emergency child custody case.
The motion will include specific information about the child, the other parents, and the reasons why ex parte child custody is necessary.
The evidence will clearly state why your child is in danger and why an ex-parte is necessary. Evidence may include documents, witness statements, and other relevant information.
The hearing will occur shortly after the motion is filed. The court will decide whether or not to grant the ex parte order.
If ex parte is granted, the judgment will be temporary, but effective immediately. A joint hearing will be scheduled for both parents to determine future custody.
During an ex parte child custody case, the court will examine all evidence. The appointed judge will consider any history of domestic violence or abuse when making a decision. Ex-parte orders are not only granted in cases of physical danger but also in cases of emotional danger. The outcome may include supervised visitation or no contact at all with the other parent depending on the circumstances.
This type of case is serious and a violation of an ex parte order can result in criminal or civil penalties. An ex parte decision is temporary and a hearing will be scheduled with both parents to give the other parent due notice. However, a parent can request a modification of an ex parte order if circumstances change.
An ex parte order is only made when there is the possibility of immediate and irreparable injury. Time is of the essence for this type of case. Common reasons to file an ex parte child custody order include:
Cases of this manner are often serious and there is no time for delay. While parents are often worried about their children, even for good reason, those reasons may not add up to enough for an ex parte order to be granted. To win an ex parte case, you will need legal expertise, proper documentation of evidence, excellent representation in court, a strong negotiator and someone who knows your rights. Should your petition be denied, we’ll strategize and help you understand your options for appeal.
