What is an Ex Parte Motion or Order

Ex parte custody orders are issued in cases where there is an emergency involving a child or children. These orders are often sought when one party believes there is a risk of imminent harm or danger to the child due to the actions of the other parent or guardian. Examples of situations that may lead to an ex parte custody order include drug or alcohol abuse, or an adult who drives while intoxicated and gets into an accident with a child in the car.

In New Mexico, an ex parte motion allows the court to issue an order or hold a hearing to determine if it is in the best interests of the child to change custody without notice to the opposing party. This contrasts with normal motions to modify custody, which require notice to the other party and an opportunity for them to respond before a hearing is scheduled. Because the party filing an ex parte motion is not required to provide notice to the other party, there is often no opportunity for the other party to respond before the court issues an order.

This means that if a child is in your custody and an official arrives with an order to place the child in the care of someone else, you will be required to turn over the child. However, there are processes in place to ensure that the party whose custody of the child is being terminated receives due process. Courts issue ex parte orders very sparingly. It is important to talk with an experienced family law attorney to help maneuver the use of ex parte motions and orders. There are special rules associated with these motions and orders. Ex parte proceedings usually occur in the context of a custody case, however, there may be times ex parte proceedings are used to address financial matters. For example, if one spouse is about to run off with all of the community assets or money. Again, understanding the challenges associated with ex parte proceedings is key. Contact Justice Legal Group at 505-880-8737 to learn more about how ex parte proceedings can be used in your case.