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If a child is in immediate danger from abuse, neglect, or threats, an ex parte order can offer fast protection. For example, if there is evidence that a child is being physically harmed or neglected, a judge can issue an ex parte order to remove the child from that environment right away.
What are the Disadvantages of Ex Parte? Lack of Representation: Since ex parte orders are issued without the other party being present, the accused parent doesnt have a chance to defend themselves initially. Temporary Nature: Ex parte orders are usually temporary and meant to provide immediate protection.
Unlike regular hearings, which require formal notice and typically take several weeks to schedule, an ex parte hearing allows the requesting party to appear before a judge on short notice. The opposing party may be given as little as one days notice before the hearing, or in some situations, no notice at all.
The rule banning ex parte communications ensures that the court process is fair and that all parties have the same information as the judge who will be deciding the case. When all parties have the same information, a party who disagrees with the information can contest it in court.
Proceeding ex parte means to move forward with legal action without the presence or input of the other party. In court, it typically refers to emergency situations where one party seeks immediate relief.
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Ex parte means you are asking the judge for an order without having a hearing first. If granted, the judge will give you an order for custody that you can enforce without needing to appear in court.
Under art. 164 of the Indian Limitation Act, 1908, the period of limitation for an application by a defendant for an order to set aside a decree passed ex-parte was 30 days from the date of the decree or when the summons was not duly served, when the applicant had knowledge, of the decree.

what is an ex parte motion