What is an ex-parte order?

An order is said to be ex parte when it is granted by a judge at the request of and for the benefit of one party only, without notice to or contestation by the other party.

Therefore, only one party appears before the judge and gives his or her version of the facts even though a judge is normally required to hear from all of the parties. Typically, ex parte orders are granted for temporary/interim custody or in extreme cases where an order needs to be made right away for the safety and protection of the child, i.e. if there is a risk of abduction or possibility of abuse.

An ex-parte order must be returned to court within 14 days of the date in which the Judge made the Order. For an ex parte order to be granted the party bringing the motion needs to provide the court with strong evidence that is comprehensive. This means that it is incredibly important that all of the facts be given to the court because if some are omitted and the court becomes aware of it then the consequences of that will be to dismiss the order.

Imagine, for example, a mother applying for an ex parte order for custody of her children on the basis that her husband beats the children. However, the wife is also guilty of abusing the children yet she fails to mention it. If the court discovers the omission then they will dismiss the motion.