How can I get an emergency order overturned?

Divorce Attorney Angela FoyQuestion:

My ex wife lied to get an emergency order and now my kids have been taken away from me and are living with her. I have had primary physical custody since my divorce.

What can I do to prove that she is lying and the emergency order should be overturned? If the order is overturned, will my kids be ordered to return home to live with me?

Answer:

First, let me preface my answer by stating that I am not licensed to practice law in the state of Oklahoma. The information in the article is general in nature. You should contact an attorney in your jurisdiction immediately to discuss your options.

The situation you are in is unfortunate. Every day judges are called to evaluate the creditability of the parties and witnesses before them. Frequently, especially in divorce cases, hearings can turn into a “he said/she said” battle.

The only way to combat this is to have objective evidence of the assertions you are making, and objective evidence to refute what the other party is saying. This evidence can be as simple as emails, text messages, or recordings that show what you are saying is true. Additionally, calling people who have witnessed events to testify is very powerful.

Without reviewing the emergency order issued by the court, I cannot tell you whether your children will be returned to you. It is likely there will be another hearing to determine where the children should be permanently placed.

To prepare for any further hearings you should keep a journal of your interactions with your ex-wife and children. You should keep track of your visits with your children, what you do with them, and maybe even take photos to show they are happy when they are with you. You should document anything your ex-wife is doing that violates the order that is in place.

Always have a neutral third party involved when you interact with your wife. This person can testify later as to what occurred during your interaction. If you have another hearing, compile a list of people who can testify that you are a good, caring, and loving father. Most importantly, whether you agree with the order or not, you should abide by it. Judges are hesitant to help people who do not obey court orders.

You should contact an attorney who is licensed in Oklahoma to further discuss the specifics of your situation. Cordell & Cordell does represent clients in Oklahoma. Thank you for submitting your question.

 

Angela Foy is an Associate Attorney in the Milwaukee, Wisc., office of Cordell & Cordell where her primary practice is exclusively in the area of domestic relations. Ms. Foy is licensed to practice in the state of Wisconsin, the U.S. District Court, and the Eastern District of Wisconsin. 

 Ms. Foy received her Bachelor’s and Master’s Degrees from the University of Notre Dame. She then continued on to receive her Juris Doctor from Marquette University.

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One comment on “How can I get an emergency order overturned?

    Hi Angela –
    Your advise is excellent. There is a software product that you may want to check out and recommend that allows people to easily and effectively do what you are advising. It is simple to use and helps people struggling with divorce document everything, communicate with their attorney, chain events together into patterns of behavior, etc. The website is http://www.exnotes.com — I think you and your clients would benefit from it. Thanks Angela.

    “…The only way to combat this is to have objective evidence of the assertions you are making, and objective evidence to refute what the other party is saying. This evidence can be as simple as emails, text messages, or recordings that show what you are saying is true. Additionally, calling people who have witnessed events to testify is very powerful…”

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