Regarding ex parte

[alwayscarolina]

What is the name of your state (only U.S. law)?
Indiana

The day after Thanksgiving I left Indiana to go to South Carolina to visit my family until after the Christmas holiday at which time I joined my boyfriend in Tennessee. Ever since about a week after I left my daughter's father has been threatening to take me to court for custody. He made good on his threat and filed for modification of custody or visitation, we have a mediation set for January 19, 2010. I have informed my daughter's father of my current phone number and location. He keeps speaking with a party outside of the case, a former boyfriend whom knows nothing instead of calling me. He has called me twice leaving me nasty messages and threatening to send me to jail for kidnapping and things of the sort. I have reported these messages to the court along with my relocation new address phone number and everything. At this point I cannot afford a lawyer, I have applied for a pro bono lawyer but it takes a little bit of time. I have requested in writing to the court that I be allowed to appear by phone at the mediation my mediation is on January 19 and I have a return to work date of January 18, how likely is it that he will grant this to me? Also my daughter's father is threatening to file ex parte for temporary custody.. I know it means that he files and sees the judge with out me being there.. I've already written to the court letting them know everything that is going on in my life and that my daughter is not in any danger and I included the papers from MY LOA from work.. since my daughter's father was claiming I did not have a job. How likely is this to happen and what exactly does ex parte mean? Thanks in advance for your help!

 

[LdiJ]

What is the name of your state (only U.S. law)?
Indiana

The day after Thanksgiving I left Indiana to go to South Carolina to visit my family until after the Christmas holiday at which time I joined my boyfriend in Tennessee. Ever since about a week after I left my daughter's father has been threatening to take me to court for custody. He made good on his threat and filed for modification of custody or visitation, we have a mediation set for January 19, 2010. I have informed my daughter's father of my current phone number and location. He keeps speaking with a party outside of the case, a former boyfriend whom knows nothing instead of calling me. He has called me twice leaving me nasty messages and threatening to send me to jail for kidnapping and things of the sort. I have reported these messages to the court along with my relocation new address phone number and everything. At this point I cannot afford a lawyer, I have applied for a pro bono lawyer but it takes a little bit of time. I have requested in writing to the court that I be allowed to appear by phone at the mediation my mediation is on January 19 and I have a return to work date of January 18, how likely is it that he will grant this to me? Also my daughter's father is threatening to file ex parte for temporary custody.. I know it means that he files and sees the judge with out me being there.. I've already written to the court letting them know everything that is going on in my life and that my daughter is not in any danger and I included the papers from MY LOA from work.. since my daughter's father was claiming I did not have a job. How likely is this to happen and what exactly does ex parte mean? Thanks in advance for your help!

Did you give dad the required 90 day notice before you relocated? Did dad file a motion to stop your relocation prior to the 90 days being up?

If you did not follow the legal requirements for relocation, you may very well be ordered to return the child to Indiana pending the outcome of the case, or dad could possibly even get temporary custody on an emergency basis.

Ex parte mean without the other party. However, I think what he really means in this situation is that he intends to file for emergency custody.

 

[alwayscarolina]

I did not notify her father of my intent to leave, I did not know myself 90 days before that I was going to be leaving Indiana. However, I have already established that I've done nothing wrong with moving out of state and I can't be charged with kidnapping. I have and have always had sole physical and legal custody of our daughter since we are not married and there is no visitation order in place. The only thing my child's father has filed with the court thus far is the motion to modify custody/visitation. And he does mean to file ex parte, I've actually seen a copy of the paperwork he plans to submit to the court which prompted me to write to the court regarding his allegations.

 

[Hisbabygirl77]

I did not notify her father of my intent to leave, I did not know myself 90 days before that I was going to be leaving Indiana. However, I have already established that I've done nothing wrong with moving out of state and I can't be charged with kidnapping. I have and have always had sole physical and legal custody of our daughter since we are not married and there is no visitation order in place. The only thing my child's father has filed with the court thus far is the motion to modify custody/visitation. And he does mean to file ex parte, I've actually seen a copy of the paperwork he plans to submit to the court which prompted me to write to the court regarding his allegations.

That might be true that legally you did nothing wrong but you could still be ordered to bring child back to that state you left. Do not think for a second it is a slam dunk.