Minnesota Sample Letter for Order for Temporary Relief
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FAQ
In Minnesota, there is not set age limit on when a child can decide which parent to live with. The court will consider the child's wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.
In emergency situations, an ex parte motion provides an exception to the rules of due process by allowing you to petition the court without having to notify or serve the other parties involved in your case. If the judge grants the ex parte order, the order is only temporary.
If you want to ask for an emergency custody order, you have to show that you need the order to prevent ?immediate and irreparable injury, loss, or damage.? See Minn. R. Civ. Pro.
Parents in Minnesota (married or unmarried) are entitled to a minimum of 25% parenting time. The law states that a court ?may? calculate a parent's time using an overnight visit to calculate the amount of time.
Specifically, before the Court may issue an ex parte order, the party seeking ex parte relief must submit an affidavit with their motion showing that they have either made a good faith attempt to contact the other party (but have been unsuccessful), or the motion and supporting documents show good cause why notice to ...
