Ex Parte

[mom6399]

What is the name of your state? GA

I am suppose to have a hearing on Friday regarding a suspension of visitation order granted in an ex parte order. The NCP is non-locatable and as a result has not been served. The order was put into place when I received a letter with dates and times NCP would be arriving at my home to pick up our child. I do not know where the NCP is...the only contact info I have is a cell phone, po box and a email address. I did not deny visitation. The child is in therapy and under advice of the therapist that immediate visitation would be detrimental to the child, any visitation rights (very vague in the order) have been temporarily suspended. It has been close to 4 years since visitation was last exercised and more than three without any physical visitation. Five child support payments have been received in the past three years, none voluntary.

I have attempted to schedule (via email and cell phone calls , the first in many years) to schedule appointments with the therapist with the NCP at times requested by the NCP to establish a reintegration plan for the benefit of the child and the relationship with the NCP. The NCP has failed to show for any of the appointments and has been completely inaccessible since the last no show...multiple calls, emails...dropped off the face of the earth once again...

Without service, will the case be heard? I've had PI's try to find him before, but he is so far under the radar...My attorney was going to send the current order to the po box, but said it would not be proper service.

If you can't find them, what do you do?

 

[CourtClerk]

What is the name of your state? GA

I am suppose to have a hearing on Friday regarding a suspension of visitation order granted in an ex parte order. The NCP is non-locatable and as a result has not been served. The order was put into place when I received a letter with dates and times NCP would be arriving at my home to pick up our child. I do not know where the NCP is...the only contact info I have is a cell phone, po box and a email address. I did not deny visitation. The child is in therapy and under advice of the therapist that immediate visitation would be detrimental to the child, any visitation rights (very vague in the order) have been temporarily suspended. It has been close to 4 years since visitation was last exercised and more than three without any physical visitation. Five child support payments have been received in the past three years, none voluntary.

I have attempted to schedule (via email and cell phone calls , the first in many years) to schedule appointments with the therapist with the NCP at times requested by the NCP to establish a reintegration plan for the benefit of the child and the relationship with the NCP. The NCP has failed to show for any of the appointments and has been completely inaccessible since the last no show...multiple calls, emails...dropped off the face of the earth once again...

Without service, will the case be heard? I've had PI's try to find him before, but he is so far under the radar...My attorney was going to send the current order to the po box, but said it would not be proper service.

If you can't find them, what do you do?

I'm quite sure that the judge will not hear your issue without service. With that being said, if this occurs on Friday, have all of your documentation of diligent search (notes from PI's, etc.) in order when you go to court and if the judge will not hear you, then ask for a continuance and ask for permission to do a service by publication.

Once service has been published by whatever the guidelines in your state require, you may proceed.

 

[mom6399]

Thank you.

Thank you for your response. In addition to my searches from PI's, I'll also bring years of emails of the NCP refusing to provide me with an address!

Thanks again.