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How do I file an ex parte and what forms do I need to include?

Cabot, AR |

My daughter (whom I do not have custody of) tried to get her half-brother (whom I also do not have custody of) to kiss her in the closet. When he declined and argued with her that he never would kiss her like that, she dug her finger nails into him until he bled. I talked with her mother about the situation, she expressed doubt that any of that happened and I expressed concern that she should be in counseling and that something isn't right. Her mother got more and more irritable with me until she finally said she would talk with her. Since then I have not been able to reach her after leaving numerous messages asking her to get in touch with me about the situation so that we can both address it properly. What forms do I need to file to protect my daughter and ensure she gets treatment?

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Attorney answers 1


There isn't a form for this. A motion particular to your circumstances must be filed with the Court, with a proposed order. If the Court grants the motion it will set a hearing -- usually within a couple of weeks -- and you will have to have the motion, order and notice of the hearing served on the custodial parent.

You would be well advised to consult with an attorney. You have specific legal standards to meet, and courts prefer to avoid ex parte orders because of constitutional due process concerns.

This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.