What if the Fairbanks office of children's services had already kidnapped certain children with usual lies, false allegation for an order placement and pocket money. What if these kids had been shipped to North Carolina from Alaska to live in foster care with the order placer. What if the next step was to remove parental rights so the final step of adoption can happen. With annoying parents in the way, what if child services used taxpayer money to send the parents to North Carolina to "visit" their kidnapped kids. All the parents had to do was sign a paper authorizing the "tickets" (read: giving up parental rights). What if while the parents were gone and out of the way, a secret ex parte hearing was held without them? What if the excuse was "The parents were given notice, but chose to not be here".
What if we already KNOW child services uses ex parte to steal their way to the bank as they have already done it before. What if everyone knew it was about to happen before it happens?
*One type of ex parte hearing is presided over by a judge at which all the parties are not present. The most common reason being a request for an emergency injunction of some sort. The most common of those requests are domestic matters such as requests for a temporary restraining orders or temporary custody. In the United States any orders issued at an ex parte hearing are temporary in nature so as not to deprive any party of due process. A full hearing on the matter will be scheduled where both parties are present. In this type of case no appeal is necessary since the order is temporary.
Another type of ex-parte proceeding is a proceeding in the case where only one party participates or appears in Court although the other party was given notice. In order for this type of an ex-parte hearing to be valid, it must be shown that the non-participant has been provided with proper notice of the proceedings. In spite of proper notice, if the non-participant chooses not to appear and contest the action, then it will result in an ex-parte decree against them.
A common claim in an appeal from an ex parte ruling is that the party didn't receive proper notice. In most jurisdictions that party can file an affidavit asking that the court vacate the order and grant a new trial. The time period for filing is brief and the affidavit must provide compelling evidence for the court to approve the request.
Read more: http://wiki.answers.com/Q/What_is_an_'ex_parte'_hearing#ixzz1i4tVHSXw
*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207