In genuinely urgent situations, Michigan courts can issue what is called an “ex parte order” under the Child Custody Act to provide immediate, temporary relief. For families in Ingham County, Lansing, East Lansing, Eaton County, Okemos, St. Johns, Mason, Clinton County, Charlotte, Jackson County and throughout Mid-Michigan, understanding these orders can be critical.
What Is an Ex Parte Order?
An ex parte order is an extraordinary court order issued without the other party being present or heard on the issue. That explains why we’ve used the word extraordinary. Because ordinarily, the legal system protects every person’s Constitutional right to due process. Due process of law constitutionally requires that all parties have advance notice of their legal proceedings and also an opportunity to be heard in court. So it is unusual and extraordinary when a judge decides to skip a person’s due process rights because of an urgent situation. However, the person who is subject to the emergency order is still entitled to their day in court to ask the court to change or revoke that ex parte order. In Michigan custody and parenting time cases, these ex parte or emergency orders are used when a child is at immediate risk of irreparable harm if normal notice and hearing procedures are followed. A Michigan judge may issue an ex parte order if the requesting parent shows specific facts of immediate or irreparable damage. Attorneys request these kinds of orders by following specific procedures and requirements.
Ex parte orders are temporary. Their purpose is to protect the child until a full hearing can be held, usually within 14 days, so both parents can be heard. That’s the due process of law part. At that hearing, the court will determine whether to continue, modify, or terminate the emergency order based on the applicable factors, including the best interests of the child factors.
When Can You Request an Ex Parte Order?
Common grounds for an ex parte custody or parenting time order include:
- Immediate Danger to the Child – Allegations of abuse, neglect, or exposure to domestic violence that put a child’s health or welfare at risk.
- Threat of Abduction – A credible threat that one parent intends to remove the child from Michigan or conceal them.
- Serious Substance Abuse – Evidence that a parent is actively using drugs or alcohol in a way that endangers the child.
Role of the Friend of the Court
In Ingham County, Eaton County, Clinton County and Jackson County, the Friend of the Court (FOC) becomes involved in all domestic cases involving children. Once an ex parte order is in place, the FOC may:
- Investigate custody or parenting time issues
- Make recommendations to the court
- Assist with enforcement if a parent violates the order
Potential Misuse and Safeguards
While ex parte orders are vital for child safety, our Michigan courts recognize the potential for misuse in contentious custody cases. That’s why the other parent’s right to a prompt hearing is just as critical as the right to request the emergency order. It’s very important to understand that our judges know that parents sometimes try to abuse these ex parte orders, hoping to gain an advantage in a custody or parenting time battle. If your judge thinks that in your case, it may well be held against you.
Responding to an Ex Parte Order
If an ex parte order is entered against you:
- Read the Order Carefully – Understand all restrictions.
- Follow the Order – Violating it can hurt your case and lead to contempt charges. So even if you object to the court’s ex parte order, you must follow it until the judge changes it.
- Gather Evidence – Collect proof that disputes the claims made against you. Your family law attorney will direct that process.
- Request a Hearing Quickly – You have a limited time to object to an emergency order. Family law attorneys are familiar with the formal process and timing to properly file your objection.
Working with an Attorney
Given the urgency and complexity of ex parte proceedings, having an experienced divorce or family law attorney is essential. An attorney can:
- Prepare a strong petition or answer supported by affidavits and evidence.
- Represent you at the objection hearing.
- Ensure compliance with Michigan statutes and court rules.
Final Thoughts
Ex parte custody and parenting time orders under Michigan law are powerful tools for urgent child protection. In the Ingham County, Eaton County, and Clinton County courts, these orders can provide immediate relief in dangerous situations. Sadly, some parents abuse these.
At The Kronzek Firm, we assist clients with all aspects of divorce, custody and parenting time disputes all over the Metro Lansing area including Eaton County, Ingham County, Clinton County and Livingston County. If you believe your child is in immediate danger, or if you’ve been served with an ex parte order, consult one of our highly rated Lansing custody attorneys right away to protect your rights and your child’s safety.
📞 Our attorneys have helped thousands of Michigan clients over the last 30 years. You can reach our Lansing office 24/7 at (517) 886-1000. After hours appointments can be accommodated. We also schedule virtual appointments and phone appointments.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]