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Form FOC 65 MOTION REGARDING PARENTING TIME Use this form if: you have a pending case for divorce, separate maintenance, family support, or paternity; or you have a judgment of divorce or separate maintenance,.
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MCL FAQ
It is an order a judge signs without having a hearing first. Ex parte orders are for emergency situations only. It is rare for judges to grant ex parte orders for custody, parenting time, child support, or other matters involving children.
Provided a written petition or motion for an emergency suspension of parenting time contains at least credible allegations that a serious situation exists jeopardizing the welfare and wellbeing of a child, a court will issue a temporary order suspending parenting time.
Either parent can ask the judge to change parenting time in an existing family law case by filing a motion to change parenting time. It could be a divorce, separate maintenance, custody, paternity, or family support case, but there must already be a custody order or judgment in the case.
Parenting time shall be from 9:00 a.m. to 6:00 p.m., or as otherwise agreed. The child's birthday shall be spent with the parent who has regularly-scheduled parenting time on that day.
Emergency Ex Parte Motion Regarding Custody/Parenting Time (Prejudgment): $80.00 filing fee. The original signed documents plus three additional copies. You must also provide four copies of your proposed Ex Parte Order.
How Do I File a Motion? Top. If you want to change an ex parte order regarding parenting time (a temporary order entered without a hearing), use the form called Objection to Ex Parte Order and Motion to Rescind or Modify. You must file this form within 14 days after you were served with the ex parte order.
204. (1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
Prior to suspending parenting time of a party, the trial court must hold an evidentiary hearing and find by clear and convincing evidence that continuation of parenting time would endanger the child's physical, mental, or emotional health. Rozek v Rozek, 203 Mich App 193, 194-195; 511 NW2d 693 (1993).
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