This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Motion To Modify Temporary Orders Without Oral Hearing In Cuyahoga
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State:
Multi-State
County:
Cuyahoga
Control #:
US-000299
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Word;
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FAQ
A motion to show cause is used to bring one party's failure to comply with a Court order to the Court's attention. The motion to show cause must be completely filled out and must be supported by an Affidavit.
Rule 11 - Pleas, Rights Upon Plea (A) Pleas. A defendant may plead not guilty, not guilty by reason of insanity, guilty or, with the consent of the court, no contest. A plea of not guilty by reason of insanity shall be made in writing by either the defendant or the defendant's attorney.
Rule 13 - MOTIONS AND MEMORANDA (A)Content. All motions must be in writing. All motions must be served upon opposing counsel, or upon the opposing party if not represented by counsel, and filed with proof of service with the clerk of the court of appeals.
11.0 HEARING AND SUBMISSION OF MOTIONS If the motion requires consideration of facts not appearing of record, the movant shall serve and file copies of all affidavits, depositions, photographs or documentary evidence which the movant desires to submit in support of the motion.
This is an additional Motion and Affidavit that must be filed if a party to a Complaint or Counterclaim for Divorce or Legal Separation wishes the Court to issue temporary orders regarding allocation of parental rights and responsibilities, child and spousal support and allocation of debt.
(A) Ex Parte Orders. No ex parte orders of parenting or visitation shall be granted except where appropriate under the provisions of D.D.R.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
After both parties have argued their case and presented evidence, the judge will render a decision. The judge can order a non-compliant party to take steps to remedy the situation, and impose legal penalties upon the non-compliant party.
For example, if your ex-wife believes that you are smoking weed or drinking alcohol in front of your child in violation of the Order that states no drugs or alcohol are to be in the presence of the minor child, her attorney may file an Order to Show Cause.