can my ex schedule an emergency ex-parte hearing to try to take full custody of our kids with less than 24hrs. notice to me and only notify me by e-mail, knowing im out of town for my birthday and cant appear in less than 4 hrs since i read the email. also he already has the kids this week for his visit?
Answer
Yes, but the court will have to determine whether it is a true emergency to protect the kids pending a formal hearing, otherwise, the exparte will be denied, and a full hearing will be set to determine whether there are grounds for a change of custody.
BARRY BESSER
www.besserlaw.com
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