Jones v. Jones

I concur in the result reached in this case. While I agree that the ex parte order was subsumed by the final order and is not itself vulnerable, I do wish to comment on the problems inherent with ex parte orders.

When there is imminent danger of harm to the child, there is a place in our jurisprudence for issuance, without notice, of emergency ex parte relief of short duration. Such emergencies would generally be the same as those constituting dependency, but for the availability of a fit parent to assume custody.1 Courts should not change custody on an ex parte basis in the absence of a…