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Motion To Modify Temporary Orders Without Notice In Franklin
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State:
Multi-State
County:
Franklin
Control #:
US-000299
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Word;
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FAQ
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
The emergency petition for custody must include a signed affidavit that states the child is in imminent danger of harm and should include documents or evidence that support the claim. The more thorough and solid the evidence, the more likely the judge will be to grant the emergency motion.
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm.
​ Decide whether you agree with the Motion filed by the other party. ​ If you agree with the Motion, work with the other party to complete and file a Stipulation. ​ If you decide that you oppose the Motion (or some part of it) complete and file a Statement Opposing the Motion and its supporting documents.
A request for emergency relief pending the determination of an appeal or a motion for permission to appeal shall be brought on by order to show cause. The applicant shall contact the clerk's office in advance of the filing. The papers shall be filed as directed by the clerk's office.
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
Legal Examples: A Show Cause Order is issued to a party who has allegedly violated a court order. The individual must appear in court to explain why they should not be held in contempt for failing to comply with the original order, such as not paying court-ordered child support.
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.
If the parents do not agree to the change, they must appear in court. As far as temporary custody orders go, though, judges are typically more reluctant to modify these orders. To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial.
Time-sensitive Issues or those involving threats to you or your child's safety may also be used as the bases for your appeal of a temporary order. In order to appeal an order, you'll need to file a motion with the court's Appellate Division.
More info
Below is a selection of forms for various Franklin County Courts. Call the Franklin County Law Library at for assistance.The motion for temporary orders does not have valid grounds in the law (in other words, the law does not permit the relief requested). 2. He filed a motion for modification. Start here for information and guidance to help you choose and fill out the right court forms. The most up-to-date versions of forms are linked on this page. AOPC is making these blank orders available as a convenience for the court or parties. The filing of this blank order is not mandatory. In the Domestic Relations division, case types include divorces, dissolutions, legal separations, annulments, and domestic violence actions. You can file a dismissal form in the clerk of court's office before the hearing date, or tell the judge in court that you want to dismiss your case.