Rule 3.207. Ex Parte, Temporary, and Protective Orders

(A) Scope of Relief. The court may issue ex parte and temporary orders with regard to any matter within its jurisdiction, and may issue protective orders against domestic violence as provided in subchapter 3.700.

(B) Ex Parte Orders.

(1) Pending the entry of a temporary order, the court may enter an ex parte order if the court is satisfied by specific facts set forth in an affidavit or verified pleading that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.

(a) A verified pleading or an affidavit attached to a motion or pleading that requests an ex parte custody or parenting time order or that requests a change of custody or parenting time must include the following information:

(i) facts establishing whether the child has an established custodial environment with either parent, both parents, neither parent, or a third party; and

(ii) either facts establishing that entry of the requested order will not change the child’s established custodial environment, facts establishing that clear and convincing evidence exists that the change in the child’s established custodial environment is in the child’s best interest, or if the request is from a third party, facts establishing by clear and convincing evidence that it is not in the child’s best interests for the parent(s) to have custody.

(b) The court must not issue an order that could alter a child’s established custodial environment without also scheduling an evidentiary hearing under MCL 722.27 to determine whether clear and convincing evidence exists to support the order. The hearing must be held within 21 days after entry of the ex parte order and a notice of the hearing must be included in the ex parte order. An ex parte order entered under this subsection will expire upon issuance of a subsequent order following the evidentiary hearing.

(2) The moving party must arrange for the service of a true copy of the ex parte order on the friend of the court and the other party within 3 days of the order being issued.

(3) An ex parte order is effective upon entry and enforceable upon service.

(4) An ex parte order remains in effect until modified or superseded by a temporary or final order.

(5) Procedure Following Service of Ex Parte Order.

(a) If a party files a motion to rescind or modify the ex parte order without filing an objection, the court must hold an evidentiary hearing and resolve the dispute within 21 days of the motion to rescind or modify being filed or, if a hearing date is specified in the ex parte order, on the hearing date specified in the ex parte order.

(b) If a party files a timely objection, the friend of the court must notify the court to cancel any hearing date specified in the ex parte order and attempt to resolve the dispute within 14 days of the objection being filed. If the friend of the court cannot resolve the dispute, the friend of the court must:

(i) provide form pleadings and written instructions to the objecting party if the party wishes to proceed without the assistance of counsel, and

(ii) reschedule a cancelled evidentiary hearing with the court, or if no evidentiary hearing has previously been scheduled, schedule a hearing to be held within 21 days of the motion being filed.

(c) If no timely objection or motion to rescind or modify the ex parte custody, parenting time, or support order is filed, the order is a temporary order. If a hearing date is specified in the ex parte order, the evidentiary hearing will proceed on the specified hearing date.

(d) A change that occurs after the hearing may be made retroactive to the date the ex parte order was entered.

(6) An ex parte order providing for child support, custody, or parenting time pursuant to MCL 722.27a, must include the following notice: “Notice: 1. You may file a written objection to this order or a motion to modify or rescind this order. You must file the written objection or motion with the clerk of the court within 14 days after you were served with this order. You must serve a true copy of the objection or motion on the friend of the court and the party who obtained the order. 2. If you file a written objection, the friend of the court must notify the court to cancel any evidentiary hearing date specified in the ex parte order and try to resolve the dispute. If the friend of the court cannot resolve the dispute, the friend of the court must provide you with form pleadings and written instructions if you wish to bring the matter before the court without the assistance of counsel, and must reschedule the cancelled evidentiary hearing or schedule a hearing with the court. 3. The ex parte order will automatically become a temporary order if you do not file a written objection or motion to modify or rescind the ex parte order. If an evidentiary hearing date is specified in the ex parte order and you do not file a written objection or motion, a hearing will take place on the specified date. If an evidentiary hearing date is specified in the ex parte order and you file a motion, a hearing will take place on the specified date. Even if an objection or motion is filed, the ex parte order will remain in effect and must be obeyed unless changed by a later court order.” In all other cases, the ex parte order must state that it will automatically become a temporary order if the other party does not file a written objection or motion to modify or rescind the ex parte order and a request for a hearing. The written objection or motion and the request for a hearing must be filed with the clerk of the court, and a true copy provided to the friend of the court and the other party, within 14 days after the order is served.

(7) The provisions of MCR 3.310 apply to temporary restraining orders in domestic relations cases.

(C) Temporary Orders.

(1) A request for a temporary order may be made at any time during the pendency of the case by filing a verified motion that sets forth facts sufficient to support the relief requested.

(2) A temporary order may not be issued without a hearing, unless the parties agree otherwise or fail to file a written objection or motion as provided in subrules (B)(5).

(3) A temporary order may be modified at any time during the pendency of the case, following a hearing and upon a showing of good cause.

(4) A temporary order must state its effective date and whether its provisions may be modified retroactively by a subsequent order.

(5) A temporary order remains in effect until modified or until the entry of the final judgment or order.

(6) A temporary order not yet satisfied is vacated by the entry of the final judgment or order, unless specifically continued or preserved. This does not apply to support arrearages that have been assigned to the state, which are preserved unless specifically waived or reduced by the final judgment or order.