Temporary orders are typically entered in family law cases while the matter is pending in court but prior to the final order completing the case. The orders dictate the terms of what the parties are required to follow during the litigation.

These orders can address financial and custody issues while the matter is pending, including temporary custody, parenting time, or child custody dispute, and payment of bills.

What Are Temporary Custody Orders?

Temporary custody orders are court-issued directives that establish the custody and parenting arrangements for minor children while a family law case is ongoing, but before a final custody order is issued.

These orders provide a temporary framework for legal custody, physical custody, parenting time, and child support to ensure stability and clarity for the child and parents during the court process. They can be agreed upon by both parents, ordered after a hearing, or granted on an emergency basis through ex parte orders when the child’s safety is at risk.

Temporary custody orders remain in effect until the court issues a final custody order or the case is resolved.

Temporary Custody Order Michigan

If there are minor children in a divorce matter, the temporary order can dictate what will happen with custody, parenting time, and child support issues. These temporary orders continue in enforcement through to the end of the divorce or separation case.

The temporary order is done to give peace of mind to one or both of the parties to dictate the terms of their temporary agreements on various issues.

Other temporary orders can be entered by agreement (stipulation) of the parties or as a result of a motion hearing addressing these types of issues. Regardless of how the orders are completed and signed by the court, the terms can intimately affect your life and must be handled properly.

How Does a Lawyer Help with A Temporary Order in Michigan?

Your lawyer helps with a temporary order by discussing the terms of this order and by having the order written. Some type of temporary order is almost always necessary in a divorce or separation matter. Temporary orders can address financial issues including status quo and payment of monthly bills.

They can also address issues involving minor children such as custody, parenting time, and child support.

It is always good practice to have a temporary order in place to validate any agreements that the parties have made in their case. Attorneys maintain that at a minimum, an ex parte mutual asset restraining order is necessary in all cases.

This order basically puts the parties on notice that they cannot engage in out of the ordinary financial transactions such as selling or hiding assets, changing beneficiaries on insurance and investments, emptying the bank account or running up extraordinary credit card debt.

A significant part of family law litigation involves entering other temporary orders to prevent a financial or custody situation from getting worse.

For instance, if a party is denying or limiting parenting time to an unacceptable level, it is crucial to get that fixed in court rather than waiting the length of the case and setting a precedent that would be difficult to overcome at trial. Likewise, bills need to be paid and assets need to be protected while the litigation is pending. If these issues are not addressed, there would be catastrophic financial consequences for the family.

An attorney can seek entry of temporary orders at the outset of the case or by filing a motion and giving the other party 7 to 9 days’ advance notice of a court hearing wherein these issues would be decided.

Emergency Custody Orders in Michigan

In urgent situations where a child’s safety or well-being is at immediate risk, a parent can request an emergency custody order, also known as an ex parte custody order. This type of order is granted quickly, often without notifying the other parent beforehand, to prevent irreparable harm to the child. Emergency custody orders provide temporary legal and physical custody to the requesting parent until a full hearing can be held.

To obtain an emergency custody order, the requesting parent must file a motion supported by an affidavit detailing the emergency circumstances and the potential harm if the order is delayed. These orders are typically short-term and are followed by a hearing where both parents can present their case. The court prioritizes the best interests of the child and the need to maintain stability while addressing the emergency situation.

Alternative Dispute Resolution Services in Temporary Custody Cases

In Michigan family law cases, including those involving temporary custody orders, alternative dispute resolution (ADR) services play an important role in helping parties resolve conflicts without prolonged court battles.

ADR methods such as mediation or facilitated negotiation allow the parents and parties involved to work together with the assistance of a neutral third party to reach agreements on custody, parenting time, child support, and other related issues.

The Friend of the Court (FOC) often provides mediation services as part of the court process. Through the FOC process, a case manager or domestic relations referee may assist the parties in discussing their concerns and exploring options for a custody arrangement that serves the best interest of the minor child. Using ADR can reduce the emotional and financial strain of litigation, promote cooperative parenting, and often results in more tailored and mutually agreeable temporary orders.

If the parties reach an agreement through ADR, they can submit a consent order or consent judgment to the court for approval. This consent order then becomes enforceable as a temporary or final custody order. Should the parties be unable to agree, the court will proceed with hearings to make decisions based on convincing evidence and the established custodial environment of the child.

Utilizing alternative dispute resolution services is encouraged in Michigan to help parents avoid contentious custody battles and to focus on the well-being of the child during the often stressful court process.