Ex Parte

Question

Ex Parte

Anonymous Mar 22, 2014 5 views 1 answers

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?

Leighton Koberlein · Answer 1 · 2026-06-15T10:59:32+00:00

The short answer is that ex parte actions are permitted in limited circumstances. There are a few ex parte motions that you can use in a case, but they are not purely ex parte because you always have to give notice to the other side. This is not to be confused with ex parte communications with the judge, which are not permitted. On the other hand you did get a copy of the communication. If you don't have a family law or child custody attorney, you should go to the self help center at the courthouse to get assistance with your questions and take the necessary action to protect your rights. Personally I would not leave anything in the hands of a government agency.

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