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  1. #1
    Join Date
    Feb 2014
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    12

    Default Can You Get an Ex Parte Order for DNA Testing

    My question involves a child custody case from the State of: California

    The judge in my paternity case ordered a DNA at DCSS on # 11 14 at my request because the mother denies I am the father which I am 99% sure I am. I am the petitioner. I opened the case at DCSS on March 18. I did not do it earlier because I was getting conflicting info on how to do so and I was ill. I received a copy of a fax the respondents attorney sent to the judge just today by mail from the other attorney asking for the DNA to be done at an independent lab because there was no open case with DCSS at the time the attorney checked, but again, now there is.

    My questions is this: I was informed that Ex Parte is not permitted by either party and to inform DCSS of this and let them handle it. Is this good advice and is it true that Ex Parte is not allowed by either party? I have read that it is allowed if I am notified that a communication was indeed sent to the judge so I am confused? So should I send my response to the judge that indeed there is at this time a open case with DCSS? or should I not? Also, in this letter to the judge, it stated that the mother does not want or need an open case with DCSS. It seems like they on the defensive.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ex Parte

    Why was/is an ex parte needed? (an ex parte motion requires that there is an emergency of sort sort)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Feb 2014
    Posts
    12

    Default Re: Ex Parte

    Al I know is that the mothers attorney asked for the DNA to be done at an independent lab.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ex Parte

    That's not responsive. Both parties have appeared in the action and there's no emergency, so why do you believe you need an ex parte order.

    We could take a step back, which may help: What do you think "ex parte" means?

  5. #5
    Join Date
    Feb 2014
    Posts
    12

    Default Re: Ex Parte

    I did not request the Exparte Order the mother attorney did. I opened the case 9 days after the judge ordered DNA at DCSS. The Mothers attorney stated in her fax to the judge that when she checked with DCSS there was no open case which if she checked prior to myself opening the case, that there would not be any open case on file, but now there is. I do not get it. What kind of thing is this? Is not Ex Parte for emergencies? it seems the judge approved this. I see on my case records on the court website that the judge amended an order 2 days after the fax from the mothers attorney arrived to the judge. Is there some law that says I must have the case opened sooner than 9 days after the order at DCSS?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ex Parte

    Quote Quoting robertz
    View Post
    I did not request the Exparte Order the mother attorney did. I opened the case 9 days after the judge ordered DNA at DCSS. The Mothers attorney stated in her fax to the judge that when she checked with DCSS there was no open case which if she checked prior to myself opening the case, that there would not be any open case on file, but now there is. I do not get it. What kind of thing is this? Is not Ex Parte for emergencies? it seems the judge approved this. I see on my case records on the court website that the judge amended an order 2 days after the fax from the mothers attorney arrived to the judge. Is there some law that says I must have the case opened sooner than 9 days after the order at DCSS?

    Oooh I might have an idea as to what's going.

    Have you actually seen what's in the filing?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Feb 2014
    Posts
    12

    Default Re: Ex Parte

    Yes. the filing said the mother does not need or want a open case with DCSS. I went back to DCSS and that told me not to worry about it because the case is open and the opposing attorney was already notified. They told me the mother must submit to the order for DNA with DCSS. When I look at the case into on the courts website it say an order was amended after me being properly served by mail? So I am assuming this judge went along with it.However, it still shows that the testing will go through DCSS. I do not get ti?

  8. #8
    Join Date
    Jan 2014
    Posts
    118

    Default Re: Ex Parte

    Well that should answer the gender question.

    Oooh generally female and ahaww mostly masculine.

  9. #9
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Ex Parte

    What, what?!!

    - - - Updated - - -

    Are we thinking this is the same person who is asking a very similar question?

  10. #10
    Join Date
    Feb 2014
    Posts
    12

    Default Re: Ex Parte

    Kind of hard to get a down to earth answer here on this forum

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