I have an ex parte custody order involving minor children currently in the custody of a parent or guardian. Will the DCS meet my client and turn custody of the minor children over to him or her?
Ex parte orders are served upon the defendant like other writs. It is up to the defendant to comply with the order or appear at a show cause hearing to explain why he or she is not complying. The only writs authorizing the DCS to remove minor children from the custody of a parent or guardian are orders for immediate custody or writs of habeas corpus issued by a Douglas County District Court.
The circumstances underlying the issuance of ex parte orders granting temporary custody are usually emotionally charged. Because the DCS will not force a parent or guardian to relinquish custody when served with an ex parte custody order, having a petitioner present serves no useful purpose. Our experience indicates that the presence of a petitioner during service only aggravates already strained emotions resulting in increased danger to everyone present.