So what qualifies as a situation in Michigan where a court may grant ex-parte relief? Under MCR 3.207, a Michigan court may issue an ex parte order with regard to any domestic relations matter within its jurisdiction if 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. If the parties are separated, the court is likely to grant ex parte orders for the care, custody, and support of the children. Michigan parenting time may also be sought ex-parte. Without an order, each parent has the right to custody, and either party may retain the children.
In Michigan, a motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. The motion may be made at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested.
If you believe you need an ex-parte order for a number of Michigan family law issues, give us a call at 248-348-0496 or drop us an email to discuss your case.