MICHIGAN EXPARTE ORDER - TIME SENSITIVE

Previous | Next
 rated by 0 users
Latest post Mon, Sep 7 2015 8:09 AM by adjuster jack. 1 replies.
  • Mon, Sep 7 2015 3:55 AM

    MICHIGAN EXPARTE ORDER - TIME SENSITIVE

    I need help with my objection to Ex Parte order for temporary supervised visitation.NOTE: XYZ in place of actual names I am "IN PRO" and have no more money to fight this battle.

    The plantiff filed the emergency EX Parte the day after I refused to give her 12 months of bank statements to prove I have been paying on the martial home she is still attached as co-borrower. She has applied for a mortgage and the ex-martial home remains on her credit. The lender is willing to over look the mortgage if I provive her (the ex-wife) with proof of 12 months of mortgage payments. When my ex-wife found out my fiance is making the payments she requested her bank statements. Upon refusal from my fiance my ex-spouse (Plantiff of Ex Parte) filled the motion and stated all the texts and messages were from my fiance to the Plantiff's family member. Now the Ex-parte states I can see my son supervised and my fiance cannot be around my son. The plantiff is using the court system for issue other than what is presented in the Ex Parte as means of vindictive measures. She has taken me into court previously for issues stating my fiance and I have a continous domestic violence relationship. CPS has been contacted twice by the Plantiff all of which the case was closed. The previous EX Parte for supervised visitation in 2014 was dropped. I am upside down in debt from the previous court case and cannot hire nor consult an attorney. 

    1. The Ex Parte Order begins by stating PRESENT: And the judges name XYZ. Does this mean it is to be presented or he/she was present?

    2. The Ex Parte Order has the judges stamp with /S/ before the judges name. (/S/ XYZ)Does this mean a referee of the court approved the order? Did the judge stamp the order?

    3. The Ex Parte "MOTION" prior to the "ORDER" states "Now Comes Platintiff by and through her attorney XYZ, and hereby states the following in support of her Ex Parte Motion for Temporary Supervised Visitation:" Does the statement in the motion have to include "The Plantiff hereby declares under penalty of perjury the following statements are true to the best of my information, knowledge, and beleif"? For some reason it does not.

    4.The Ex Parte Motion dictates 20 items, 2 of which are recaps of statistic of the minor child and visitation schedule in the divorce decree from 2011. The other 18 use the terms "On or About", "Alleged", "Stated". All 18 points are are referenced to the text and private social media mesaage. In making their points they add and take away from the texts and messages they attached as evidence. What can be done??

    5. All the information submitted for the Ex Parte Motion was UNDATED text messages and social media messages (via private message) to the Plantiff's family member via third-party. None of which were from myself, yet pertained to hearsay about me and my son.  Am I protected under this Digital Media Law (c) Protection for “Good Samaritan” blocking and screening of offensive material(1) Treatment of publisher or speakerNo provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider?????? Has my Fourtenth Admendment been violated by the Plantiff using hearsay from a 3rd party? Is this considered "False Light" Can I file a Motion to rescind this order on any or all of the above due to hearsay?

    6. What Objectable Motions do I file? Can I request a jury trial? If the judge did not sign the order and the signature stamp was made by a court administrator referee do I file a motion that I object to the referee's recommended order to file an emergency EX Parte motion w/o hearing? What Motions are out there to file for this case and can more than one be filed?

    PLEASE HELP MY OBJECTION IS DUE 09/08/15 STATE OF MICHIGAN

    Thank you

    FatherRights

  • Mon, Sep 7 2015 8:09 AM In reply to

    Re: MICHIGAN EXPARTE ORDER - TIME SENSITIVE

    Posting the same question in multiple forums on this site is against the rules, annoys people and discourages responses. The other one will be removed. Please keep all of your discussion on anything even remotely connected to your divorce in this thread from now on.

    There are several resources online providing instructions and sample forms for responding to ex parte motions. Study up:

    https://duckduckgo.com/?q=michigan+response+to+ex+parte+motion

    FathersRight:
       The Ex Parte Order begins by stating PRESENT: And the judges name XYZ. Does this mean it is to be presented or he/she was present?

    If it was signed, the judge was present.

    FathersRight:
    The Ex Parte Order has the judges stamp with /S/ before the judges name. (/S/ XYZ)Does this mean a referee of the court approved the order? Did the judge stamp the order?

    Signature stamps are common. If so stamped then the judged approved the order.

    FathersRight:
    The Ex Parte "MOTION" prior to the "ORDER" states "Now Comes Platintiff by and through her attorney XYZ, and hereby states the following in support of her Ex Parte Motion for Temporary Supervised Visitation:" Does the statement in the motion have to include "The Plantiff hereby declares under penalty of perjury the following statements are true to the best of my information, knowledge, and beleif"?

    No.

    FathersRight:
    The Ex Parte Motion dictates 20 items, 2 of which are recaps of statistic of the minor child and visitation schedule in the divorce decree from 2011. The other 18 use the terms "On or About", "Alleged", "Stated". All 18 points are are referenced to the text and private social media mesaage. In making their points they add and take away from the texts and messages they attached as evidence. What can be done??

    You address those, in most cases, with the words "Deny," "Admit," "Deny in part," "Admit in part." Where you use either of the last two you show which part of the allegation you admit or deny. You'll see examples in the resources I linked to.

    FathersRight:
    All the information submitted for the Ex Parte Motion was UNDATED text messages and social media messages (via private message) to the Plantiff's family member via third-party. None of which were from myself, yet pertained to hearsay about me and my son.  Am I protected under this Digital Media Law (c) Protection for “Good Samaritan” blocking and screening of offensive material(1) Treatment of publisher or speakerNo provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider??????

    You are not protected by anything in this situation. But you can object to the admissability of anything obtained by criminal means. If your ex has broken any laws you address that separately with the proper authorities.

    FathersRight:
    Has my Fourtenth Admendment been violated by the Plantiff using hearsay from a 3rd party?

    No.

    FathersRight:
    Is this considered "False Light" Can I file a Motion to rescind this order on any or all of the above due to hearsay?

    You can. But I don't think it will do you much good if you can't cite appropriate points and authorities which is not something you can learn to do here.

    FathersRight:
    What Objectable Motions do I file?

    Can't help you with that.

    FathersRight:
    Can I request a jury trial?

    You can request a hearing. Jury trials aren't going to happen.

    FathersRight:
    If the judge did not sign the order and the signature stamp was made by a court administrator referee do I file a motion that I object to the referee's recommended order to file an emergency EX Parte motion w/o hearing?

    Stamped signatures on court orders are common. You won't get anywhere addressing that.

    FathersRight:
    What Motions are out there to file for this case and can more than one be filed?

    You aren't filing a motion you are filing a response to a motion. At the end of the response you ask for whatever relief you desire whether it be a rescission of the order, sanctions against your wife, whatever.

    Disclaimer: I am not a lawyer. I don't give legal advice, I just make helpful comments. I guarantee nothing. If you decide to act on my comments without the advice of an attorney you do so at your own risk.

    Good luck in your efforts.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
Page 1 of 1 (2 items) | RSS

My Community

Community Membership New Users: Search Community