Ex Parte Motions. Also known as a strategic advantage. Often used as a litigation tactic for the holidays. Sometimes Ex Parte requests include a sleight-of-hand request for a complete change in custody. Although Ex Parte motions are often used to obtain a legal advantage, often the documents submitted have no real bearing on reality. See Perjury. Ex Parte requests are also tactically employed seconds after a judge on a case goes on vacation.
Fee generating Ex parte requests are something litigants should be aware. Although we do not look kindly on Ex parte requests favored by some, we do recognize they are used simply because they’ve been effective in last minute sleight-of-hand, change of custody.
We will be using this space to highlight specific cases
as both sides use them as a strategic tool while citing fake emergencies.
Ex Partes are over-used during any holiday season. It’s sadly ironic that the world could together with the latest in technology to rescue 33 trapped Chilean miners, while family court judges and various non-profits supposedly continue to “grapple” with how to end “domestic violence.”
Clearly, that’s just not a credible response anymore.
Need an emergency Ex-parte restraining order? Attorneys should request any company offering GPS with victim notification as technology changes almost too fast for the courts to learn on their own. But Victim Notification allows potential victims to save themselves.
Content copyright 2019. Family Law Courts. All rights reserved.