Ex Parte

[leaasolis]

What is the name of your state (only U.S. law)? Wyoming
My ex son-in-law filed an ex parte on my daughter several months ago. The ex parte was thrown out of court because he did not serve it to my daughter. Someone at the courthouse told my daughter that she still doesn't get her regular visitation back. If the case was thrown out of court then why does visitation not go back. My daughter has not seen her boys for months and they are very sad. They still see me on Tuesdays and Fridays but are not allowed to stay the night with me any more.
I Face book her to video chat and that is the only way they see each other. My daughter is very depressed and I am very worried about her and my grandsons mental health.
Please give me some advice as there are no lawyers in our town that will tell us anything unless we have $3000.
Thank you in advance,
Lea

 

[Zigner]

What is the name of your state (only U.S. law)? Wyoming
My ex son-in-law filed an ex parte on my daughter several months ago. The ex parte was thrown out of court because he did not serve it to my daughter. Someone at the courthouse told my daughter that she still doesn't get her regular visitation back. If the case was thrown out of court then why does visitation not go back. My daughter has not seen her boys for months and they are very sad. They still see me on Tuesdays and Fridays but are not allowed to stay the night with me any more.
I Face book her to video chat and that is the only way they see each other. My daughter is very depressed and I am very worried about her and my grandsons mental health.
Please give me some advice as there are no lawyers in our town that will tell us anything unless we have $3000.
Thank you in advance,
Lea

Please have one of the legally involved parties log on to ask his or her own questions. You simply have no dog in this fight, no monkey in this circus, no clown in this rodeo...you get the point.

 

[LdiJ]

What is the name of your state (only U.S. law)? Wyoming
My ex son-in-law filed an ex parte on my daughter several months ago. The ex parte was thrown out of court because he did not serve it to my daughter. Someone at the courthouse told my daughter that she still doesn't get her regular visitation back. If the case was thrown out of court then why does visitation not go back. My daughter has not seen her boys for months and they are very sad. They still see me on Tuesdays and Fridays but are not allowed to stay the night with me any more.
I Face book her to video chat and that is the only way they see each other. My daughter is very depressed and I am very worried about her and my grandsons mental health.
Please give me some advice as there are no lawyers in our town that will tell us anything unless we have $3000.
Thank you in advance,
Lea

You do not know all of the necessary information. For example, we need to know exactly who at the courthouse told her that and exactly what they said.

 

[leaasolis]

My daughter said that the clerk at the court house told her that she would have to go to court to get visitation back and when she asked why she had to go to court if the case was thrown out, the clerk told her that it was up to her to figure out. She tried to get Legal Aid to help but they are too booked to take her case. I'm worried about her mental health at not being able to see her children. I'm trying to help her figure out what steps she needs to take to see her children again. My question is, if the case was thrown out of court, how does the Ex Parte stay in place without a legal hearing to keep it in place?? I get that this is not my case, but she IS my child and I'm afraid that because she doesn't have a clue about how to get visitation back that she will give up and that would not be good. I had my grandsons last night and they usually write notes back and forth. My grandson wrote "Mom, I have hope that I will see you again".

 

[Ohiogal]

My daughter said that the clerk at the court house told her that she would have to go to court to get visitation back and when she asked why she had to go to court if the case was thrown out, the clerk told her that it was up to her to figure out. She tried to get Legal Aid to help but they are too booked to take her case. I'm worried about her mental health at not being able to see her children. I'm trying to help her figure out what steps she needs to take to see her children again. My question is, if the case was thrown out of court, how does the Ex Parte stay in place without a legal hearing to keep it in place?? I get that this is not my case, but she IS my child and I'm afraid that because she doesn't have a clue about how to get visitation back that she will give up and that would not be good. I had my grandsons last night and they usually write notes back and forth. My grandson wrote "Mom, I have hope that I will see you again".

She needs to hire an attorney if she can't figure it out. The clerk is NOT giving legal advice because the clerk cannot give legal advice. Help her get representation or at least a consult to tell her what to do.

 

[leaasolis]

Ok so far I have gotten no answers. What I would like to know is what form would I need to get from the court house to get in front of a judge? We do not have the money for legal assistance. I just need to know what does she need to do to get before a judge on this matter because at this point she is feeling that the only way she is going to get before a judge is by going to the school and getting the boys and going to jail. She has another child at home and is a single parent so I would prefer her not going to jail. She is desperate.

 

[Zigner]

Ok so far I have gotten no answers. What I would like to know is what form would I need to get from the court house to get in front of a judge? We do not have the money for legal assistance. I just need to know what does she need to do to get before a judge on this matter because at this point she is feeling that the only way she is going to get before a judge is by going to the school and getting the boys and going to jail. She has another child at home and is a single parent so I would prefer her not going to jail. She is desperate.

<tap tap tap> Is this thing working?

Please have one of the legally involved parties log on to ask his or her own questions. You simply have no dog in this fight, no monkey in this circus, no clown in this rodeo...you get the point.

 

[CTU]

Ok so far I have gotten no answers. What I would like to know is what form would I need to get from the court house to get in front of a judge? We do not have the money for legal assistance. I just need to know what does she need to do to get before a judge on this matter because at this point she is feeling that the only way she is going to get before a judge is by going to the school and getting the boys and going to jail. She has another child at home and is a single parent so I would prefer her not going to jail. She is desperate.

Exactly what is stopping her from being a proactive parent?

Could it be that she knows you'll do all of the hard work for her, perhaps?

Stop enabling her. Please. For her sake, more than anything.

 

[not2cleverRed]

First of all, "Ex Parte" is just a fancy Nancy way of saying that one side came in and asked for whatever - so that someone can come in and file an emergency motion for change of custody, for example.

Telling us that Dad filed an ex parte motion tells us only that he went in and file a temporary change, based on emergency circumstances (real or imagined). By its very nature and definition, only one side is there.

Because our judicial system is based o n the idea that someone should be able to have the opportunity to legally defend themselves, ex parte motions, if granted, are shortly thereafter followed up by a hearing to determine if the temporary motion should be made permanent. If Mom is not served before this hearing, then the hearing would be postponed. The temporary change would only be thrown out in such a circumstance if Dad requested it. He still has the kids, so that likely didn't happen.

Is there a reason why Mom was not served? Has she purposely been dodging service?

If Mom was properly served and did not show, the temporary order could be extended to a permanent order in a default judgement.

So, what you are saying is garbled and makes no sense. That is why no one here can help you.

Your daughter needs to go put on her big girl panties and find out what the current orders are.
She needs to exercise whatever parenting time those orders allow, no matter how little.
She needs to find the forms (they're available online) to petition for a modifications - had she acted *immediately* she would be in a better position.

I do not think most judges would take away ALL parenting time (including supervised visitation) unless there are allegations of abuse/child endangerment. When such allegations are made in court, there is usually a follow up by child protective services (or whatever the name is in your neck of the woods), and, if the case is founded, the parent might be put on a child abuse registry, and if the abuse severe enough, face criminal charges.

Has any of this happened?

 

[leaasolis]

Wow! Free advice is pretty much a bunch of rude [people] who can't even answer one question. My daughter has spent months trying to figure out how to get visitation back but she has gotten nowhere. I am not enabling her. I am ignorant about the law that's why I came to this site. If I knew the law I wouldn't be here.

 

[Silverplum]

Ok so far I have gotten no answers. What I would like to know is what form would I need to get from the court house to get in front of a judge? We do not have the money for legal assistance. I just need to know what does she need to do to get before a judge on this matter because at this point she is feeling that the only way she is going to get before a judge is by going to the school and getting the boys and going to jail. She has another child at home and is a single parent so I would prefer her not going to jail. She is desperate.

She doesn't sound stable.

(I deleted my helpful link because the OP is so very rude.)

 

[not2cleverRed]

Wow! Free advice is pretty much a bunch of rude [people] who can't even answer one question. My daughter has spent months trying to figure out how to get visitation back but she has gotten nowhere. I am not enabling her.I am ignorant about the law that's why I came to this site. If I knew the law I wouldn't be here.

Okey dokey.

As I tried to explain, you have given us no real information to work with.

Your daughter has not obtained a copy of the current custody/visitation order.

Or if she has, the terms, word for word [names removed], have not been shared here.

You do not have a court order for grandparent visitation, so any visitation you have with your grandchildren has always been at the whim of the parents, during their respective parenting time. Apparently your ex-son-in-law isn't completely hateful and vindictive - he just doesn't trust you.

But hey, just be rude, and continue taking legal advice from your ex-son-in-law.

So what are the allegations?

 

[Zigner]

Wow! Free advice is pretty much a bunch of rude...

For the record, I successfully navigated the court system to get full custody of my three children back before there was the internet to make things easy.

Have your daughter deal with her own problems. Goodbye.

 

[CTU]

For the record, I successfully navigated the court system to get full custody of my three children back before there was the internet to make things easy.

Have your daughter deal with her own problems. Goodbye.

Something about apples and trees comes to mind.

 

[leaasolis]

Really? I'm quite confused! All of these people who are commenting on my post who claim to know the law but so far are judgmental and rude. I am asking what form I need to ask for to get an ex parte reversed and all of you who claim to know the law cannot give me an answer. What is your purpose of commenting on my post if you do NOT know the answer?