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FOC 138

Ex Parte Order Regarding Custody or Parenting Time

Michigan · Michigan State Court Administrative Office · Effective April 1, 2026

This form is used by the court to write an order about custody or parenting time when one party asks for a decision without the other side being present. It records the judge's findings regarding whether the order is in the child's best interest.

The court describes it as: Court rule / statute: MCL 552.519(3)(k)(i), MCL 722.21 et seq., MCR 3.207

Open the official PDFfrom Michigan State Court Administrative Office

Where this fits in a case

Motions

Stage: Motions

This form is used after a party files a request, called an ex parte motion or pleading, concerning custody or parenting time. The court uses it to issue an order based on that request.

Either party may file.

Common questions

What is an ex parte order?
This order is prepared after an ex parte motion or pleading regarding custody or parenting time. This means the order is made without the other party being present at the time of the request.
What happens if I don't object to this order?
If you do not file a written objection or motion to modify or rescind the ex parte order, the order will automatically become a temporary order.
Who needs to file this form?
The form is used by the court to issue the order, but the process starts with a moving party filing the initial motion or pleading.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect April 1, 2026.

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