What Is an Ex Parte Custody Order in Florida and When Do You Need One?

An ex parte custody order is an order granted without giving the other party notice of the hearing. These child custody orders are rare and only granted when the petitioning party can show good cause for conducting an emergency hearing. An ex parte custody order is only in effect until the court has a full hearing on the matter.

How Can a Parent or Other Party Receive an Ex Parte Custody Order?

An attorney files a motion for an emergency hearing with the family court. The motion is sent directly to the judge for consideration. If the judge finds cause for a hearing, the court schedules an ex parte hearing.

Because of the urgency of the matter, the other party is not notified of the hearing. Emergency hearings can be held within a day or two of filing the emergency motion.

The petitioning party appears at the hearing to present evidence that proves an emergency court order is required to protect the child. Florida custody law grants judges the authority to hold emergency custody hearings in two situations:

  • There is a real and immediate threat of physical harm to the child; OR,
  • There is a credible threat that the child will be abducted.

The petitioning party has the burden of proving a real and imminent threat to the child. If the court finds the child could be harmed if action is not taken, the judge can grant ex parte custody to the petitioning party.

Common Reasons for Ex Parte Custody Orders in Orlando

You must convince the judge that your child is in danger to obtain custody through an ex parte order. Judges may consider any relevant evidence to determine if a child is in imminent danger of being harmed or abducted. Evidence can include affidavits, photographs, testimony, and medical records.

Reasons that could justify an emergency custody hearing include, but are not limited to:

  • Child abandonment
  • Evidence of recent child abuse
  • Severe child neglect
  • Allegations of child sexual abuse
  • Threats of harm to the child
  • Reason to believe that a parent could remove the child from Florida (parental abduction or kidnapping)
  • A custodial parent’s severe substance abuse

In addition to the ex parte custody order, the judge might also grant a restraining order preventing the parent from contacting or coming near the child. The judge might grant supervised visitation, limited visitation, or no visitation as part of the ex parte order.

How Long Does an Ex Parte Custody Order Last?

An ex parte custody order grants temporary custody. However, the other party must be given a chance to respond to the allegations in the motion for emergency custody.

Therefore, the court schedules a full hearing on the petition. The other parent receives notice of the motion and hearing. They can file a response to the motion and appear at the hearing to argue against granting custody to the petitioning party.

At the hearing, the judge hears testimony and evidence from both parties. The parent served with the motion can present evidence refuting the allegations resulting in the ex parte custody order.

After hearing and considering the evidence, the judge can continue or terminate the ex parte custody order. The court’s order remains in effect until it is modified at a later hearing. Temporary custody orders are often used in divorces to place the child temporarily until custody and a parenting plan are finalized as part of the divorce action.

Do I Need an Attorney To File for an Ex Parte Custody Order?

Judges take motions for emergency hearings very seriously. They do not grant ex parte hearings or orders unless there is convincing evidence that the child is likely to suffer harm if the court does not intervene.

The reason for limiting ex parte orders is that the other party does not receive notice until after the court enters the custody order. Removing or restricting access to a child without giving a party a chance to be heard is not something the courts do without just cause.

Therefore, hiring an experienced Orlando child custody lawyer is highly recommended. An attorney understands the process for securing an emergency custody hearing. Furthermore, a lawyer understands the level of evidence and the type of evidence a judge needs to hear to grant an ex parte custody order.

Also, these orders are temporary orders. Therefore, obtaining an ex parte child custody order is only the first step in securing full custody of your child. It is the beginning of the battle. Your lawyer continues to gather evidence and prepare for the final hearing to protect your child’s best interest.

Contact Our Child Custody Law Firm in Orlando, FL

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803