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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87163
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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This question is for Ely.....I filled out all my paperwork

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This question is for Ely.....I filled out all my paperwork to file as ex parte however, that not being the best option due to not being an emergency, I am unsure of how to address the other party needing to undergo a hair test since his urine test was "diluted sample"....without being ex parte can I still ask for him to undergo hair test and have results prior to court hearing?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me.

Remember, you do not have to file ex-parte. So it is your decision.

How an ex-parte works:
1) you file
2) the court hears your ex-parte request on the same date
3) it may grant it
4) the other party is served with the motions and an order (if granted)
5) the other party must abide by that order until a follow up hearing for temporary orders wherein the court may decide to drop/modify/continue the matter granted in the ex-parte once the other party has had a chance to respond and argue their side.

It is not the norm for the Court to grant an ex-parte drug test. Ex-parte orders are generally meant for emergency custody and restraining orders.

Someone cannot "cleanse" their body in the 2-3 weeks between an order for a drug test and the time they have to do it - the hair follicle can keep a record of narcotics for months.

Ergo, someone in your situation may simply wish to not request a drug test in the ex-parte, but until the next hearing (STEP 5, above) to do so.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87163
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 10 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

In the motion and order for temporary interim parenting plan, would it state in there that I am wanting a new drug test?

Expert:  Ely replied 1 year ago.
Hello friend,

Yes, you can include this in there, indeed.
Customer: replied 1 year ago.

First, I want to say that I will rate you later today once I go to the bank so I can leave a tip - I didn't want you to think I was ignoring that part.


 


So do I need to reference any MCA as I did for the ex parte or is that not necessary?

Expert:  Ely replied 1 year ago.
First, I want to say that I will rate you later today once I go to the bank so I can leave a tip - I didn't want you to think I was ignoring that part.

NO worries.

So do I need to reference any MCA as I did for the ex parte or is that not necessary?

What do you mean by MCA?
Customer: replied 1 year ago.

like in my first ex parte order it said: Pursuant to Sections 40-4-213, MCA, the Court may adopt an Interim Parenting Plan under the standards of Sections 40-4-212 and 40-4-220(2)(ii), MCA before a hearing if the Court finds from the affidavits.......


 


and in the directions for filing a motion that I have it says to state any corresponding law that may be helpful.....

Expert:  Ely replied 1 year ago.
Oh, apologies, I understand now.

While you do not NEED to reference any specific MCA, it would be good to do so. At the very least, 40-4-212 (Best interest of child) should be referenced.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87163
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 10 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

To file there is the Motion for Temporary Order of Interim Parenting Plan, and there is the Temporary Order for the Judge to sign, but is the Order to Show Cause separate from the Temporary Order or is that all together such as: Temporary Order Adopting Interim Parenting Plan And Order To Show Cause? What I am asking is the Order to Show Cause a separate order from the Order Adopting the Interim Parenting Plan? The first time it was all together but not being ex parte, maybe it is separate?

Expert:  Ely replied 1 year ago.
Perhaps:

Motion for Temporary Order of Interim Parenting Plan and Order to Show Cause - this is your motion.

Temporary Order Adopting Interim Parenting Plan - this is what the Judge has to sign.

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