KANSAS CITY, KS / ACCESSWIRE / July 17, 2024 / Paul W. Burmaster is a District Court Judge in the Johnson County Kansas District Court. He is currently assigned to the Family Division. Judge Burmaster was asked to give his insight on Ex Parte orders and their importance in the Family Court process.
"Ex Parte orders," says Judge Burmaster, "are orders that are issued after having heard from only one side in a case." Such orders are always subject to scrutiny and therefore the Family Court judges in Johnson County are always willing to grant an expedited hearing upon request to challenge these orders. In that way, says Burmaster, the Court can be assured that one side isn't gaining an unfair financial advantage or unnecessarily upending the lives of the children.
That leads to the question, why not just have a hearing before issuing these orders? "That's a good question," says Judge Burmaster. The reason is because that is not always possible. There may be an emergency situation, a party may have been arrested, a party may be experiencing a mental health crisis, there may be an allegation of abuse, sometimes abuse of a child, or the other party may simply be unavailable because their whereabouts are unknown. In some instances, the Court may require a hearing - depending on what is requested in the proposed orders. In other instances, the requested orders may simply be that the parties' assets and property be preserved and not sold, encumbered, or damaged. These are simple and standard orders that should be in place in most cases and are easy to grant.
Ex Parte orders are not required. However, Judge Burmaster believes they "are almost always a good idea. Ex Parte orders," he explains, "let parties know they are still accountable to each other and the Court. Parties should not feel free to make major purchases, make major investments, make changes to insurance policies, or sell off marital assets because they are still marital assets and still owned by both parties." The general expectations of parties in every case can be found in the approved standard orders found on the Johnson County Kansas District Court website under local rules, civil rule 25.
Judge Burmaster reminds you that "you can represent yourself in family court, but it is not the best idea." The Court has the obligation to apply the same laws and rules in every case. If you don't know those rules, you will be at a great disadvantage. Therefore, it is best to have someone who knows the rules in your corner, someone objective, experienced, and knowledgeable who can present the best case for you and your children.
Serving in a court that includes 22 District Judges and 4 Magistrate Judges, Judge Burmaster manages a demanding workload of approximately 2,000 assigned cases and 400 scheduled hearings, addressing issues such as divorces, parentage disputes, and protection orders. His extensive experience in criminal and civil matters and his mediation skills make him a pivotal figure in ensuring fair and just outcomes in family law cases.
CONTACT:
Judge Paul Burmaster
https://paulburmaster.com
Email: burmaster@paulburmaster.com
SOURCE: Judge Paul Burmaster
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