Ex Parte Order for Custody, Support, Parenting Time, and Attorney Fees

[Insert caption.]

EX PARTE ORDER FOR CUSTODY, SUPPORT, PARENTING TIME, AND ATTORNEY FEES

At a session of court held in the courthouse in ______, Michigan, on [date]. Present: Honorable ______Court Judge

The court has read and considered Plaintiff’s verified complaint.

It is ordered:

Custody, Support, and Parenting Time

1. Plaintiff has custody of the parties’ minor children while this cause is pending until each child reaches the age of 18 or further order of the court.

2. Defendant is allowed reasonable parenting time with the minor children.

3. The minor children may not reside outside Michigan without prior approval of the court. MCR 3.211(C)(1). Under MCL 722.27a(10), neither party nor any agent for a party will remove the minor children from the United States until further order of the court.

4. Plaintiff must notify the Friend of the Court in writing within 21 days of any change of the children’s address.

5. A parent whose custody or parenting time of a child is governed by this order will not change the legal residence of the child except in compliance with section 11 of the “Child Custody Act of 1970,” 1970 PA 91, MCL 722.31.

6. Support of minor children. Child support will be paid as set forth in the uniform child support order attached to, and incorporated by reference into, this order.

Effective Date of Order

7. This order is effective on entry. An order of income withholding will enter.

8. This order remains in effect until further order of the court. If Defendant does not object to this order in writing within 14 days after service, it will become a temporary order and be in effect until modified or rescinded. Either party may file a motion to modify or rescind it. At a hearing on a motion to modify the order, the court may change any of its provisions and make any modified order retroactive to the date of this order, the date the motion to modify the order is filed, or any other date the court deems just and reasonable. 9. Plaintiff must have true copies of this order served on the Friend of the Court and on Defendant and must file proof of service with the court and the Friend of the Court. The Friend of the Court may not begin enforcement of this order until it receives proof of service.

Housing Expenses

[Optional]

10. Defendant must make [mortgage / rent / land contract] payments on the marital home until further order of the court.

[Optional]

11. Defendant must pay the utilities for the marital home until further order of the court.

Preservation of Assets

12. Neither party nor his or her agents will conceal, destroy, transfer, encumber, assign, or otherwise dispose of any assets of Plaintiff or Defendant, real or personal, tangible or intangible, whether titled in the name of either party or others. However, this restraint will not preclude transactions in the ordinary course of business or payment of ordinary and routine household expenses.

Attorney Fees

[Optional; not granted ex parte in some counties]

13. Defendant must pay [name], Plaintiff’s attorney, an attorney fee of $[amount], half of which is payable within 45 days and the balance of which is payable within 90 days of the effective date of this order.

NOTICE

14. You may file a written objection to the order or a motion to modify or rescind the order. You must file the written objection or motion with the clerk of the court within 14 days after you were served with this order. You must serve a true copy of the objection or motion on the Friend of the Court and the party who obtained the order.

15. If you file a written objection, the Friend of the Court must try to resolve the dispute. If the Friend of the Court cannot resolve the dispute and if you wish to bring the matter before the court without the assistance of counsel, the Friend of the Court must provide you with form pleadings and written instructions and must schedule a hearing with the court.

16. The ex parte order will automatically become a temporary order if you do not file a written objection or motion to modify or rescind the ex parte order and a request for a hearing. Even if an objection is filed, the ex parte order will remain in effect and must be obeyed unless changed by a later court order.

Friend of the Court Referral

17. The issue of child support is referred to the Friend of the Court for investigation and recommendation if either party, at any time during the course of these proceedings, receives public assistance funds on behalf of the minor children or if the parties are unable to agree on the amount of child support.

18. The issues of custody or parenting time are referred to the Friend of the Court for investigation and recommendation if the parties are unable to agree on the matters of custody or parenting time and the parties refuse domestic relations mediation or if mediation is unsuccessful.

/s/______Court Judge

Prepared by:

[Firm name] By /s/______[Typed name of attorney (P____)] Attorney for [Plaintiff / Defendant] [Address, telephone]