Emergency Orders in Michigan Explained

High conflict custody and parenting time cases or those with complex issues can take months to resolve, whether through negotiation of the parties or litigation. Litigious cases are at the mercy of the court’s dockets, which are often busy. It is not uncommon for a final hearing to be scheduled many months after a case begins. Parties to such a case may have recourse through resolution of some more imminent and emergent issues by requesting an ex parte order.

What is an Ex Parte Order and How Can I Obtain One?

An ex parte order is used in serious and emergent situations. They eliminate the need for notice to the other party or a hearing. The ex parte order is issued pending a formal hearing on the issues. Only after a party successfully moves the court for an ex parte order does the other party need to be formally notified via proper service.

The court can enter an ex parte order upon request of a party to a case. The moving party must prove to the court, through a motion and affidavit, that “…irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.” MCR 3.207(B)(1). A showing of actual or imminent potential harm to a child is a common arena where you can expect to see ex parte orders.

The Court Entered an Ex Parte Order and it’s Not in My Favor. Now What?

If the court enters an ex parte order that you do not agree with, you have options but need to move quickly. Within 14 days of being served with an ex parte order, you must file an objection to the order or a motion to modify the order. Once an objection is served upon the party who obtained the ex parte order and the Friend of the Court, the Friend of the Court will assist the parties in resolving the issues. Ultimately, the objecting party can request a hearing from the court and ask to vacate or modify the ex parte order.

I Filed an Objection to an Ex Parte Order. Am I Required to Obey the Order Before the Court Addresses my Objection?

Yes. An ex parte order that was already issued remains active and enforceable until a later order is entered. Once you learn of the order through service, it is crucial you comply until the court holds a hearing on the matter. Refusing to comply with an ex parte order, whether or not you agree, can have serious consequences including sanctions and contempt actions.

I Obtained an Ex Parte Order and the Other Party Did Not Object:

If the other party does not file an objection and/or motion to modify an ex parte order within 14 days, it automatically becomes a temporary order. The temporary order will remain in effect and fully enforceable until further temporary order or final resolution of the case and permanent orders.

Contact McKinney Vos Today

Contact McKinney Vos today for a free consultation. Our family law attorney can help you determine whether an ex parte order is appropriate in your case.