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How does ex parte work?

Started by dipper, Aug 14, 2005, 08:12:59 PM

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dipper

Soc,

We are in Virginia.  'I' am to go to court next week - 23rd - for custody, show cause, and various other motions.  The case was set for the 9th but because of additional filings, was postponed two weeks.

The original filings were done about 4 months ago.  It has come to my attention that bm has been calling the court house asking them to switch the date again - to push it back until son is in school.  As she has primary right now, this would be to her benefit.  

As she has had 4 months to prepare and as school is starting soon, would there be any chance of filing an ex parte to move the case forward or to receive temporary custody until the new date (if there is one)?

How do you file and how fast does it take place normally?

I just want to be prepared as I am pro se and am ready for the hearing on the 23rd.

Thank you

socrateaser

>As she has had 4 months to prepare and as school is starting
>soon, would there be any chance of filing an ex parte to move
>the case forward or to receive temporary custody until the new
>date (if there is one)?

Ex parte hearings are for emergencies, when there is no time to reach the other party, and you will suffer irreparable harm if your relief is not granted temporarily and immediately. What you want is an expedited hearing, but that's not an emergency -- it's just a "Motion to Shorten Time."

>How do you file and how fast does it take place normally?

Like any other motion.