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Motion To Modify Temporary Orders Without Oral Hearing In Massachusetts
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Filing a motion for temporary orders in your case gives you a way to get a temporary custody order while you wait for your case to go through the court system. For example, you may want to ask the court to determine temporary custody, set up a parenting time schedule, or decide on child support.
The court procedure that is used to get a temporary order is a motion. A motion is a procedure where one party asks for the court to make an temporary order for some sort of relief while waiting for the trial. It is important to note that there are different types of motions, urgent or non-urgent.
Filing a motion for temporary orders in your case gives you a way to get a temporary custody order while you wait for your case to go through the court system. For example, you may want to ask the court to determine temporary custody, set up a parenting time schedule, or decide on child support.
The easiest way to seek a modification of orders is for both parties to agree on the proposed change. If the parties cannot reach an agreement, and one party really wants a modification, the matter heads to court. The person requesting the change(s) must petition the court to reopen the case.
If you cannot meet a deadline or a date on which you have to make an appearance, you must ask for a postponement, which is called a “continuance,” with a motion. If you miss a deadline, your case can be dismissed. DALA continuances will be granted only for good cause.
One parent can ask for a change (called a modification) in custody or parenting time, or if all parents agree on the change, they can request the change together. If only one person wants to change a judgment on custody or parenting time, file: The Complaint for Modification (CJD 104).
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.
Motion to Modify By filing this motion, you are asking the court to change something in your final order. You must be able to show that there has been a "substantial change in circumstances" since the last court order.
In general, to obtain a modification through a complaint for modification, a person must prove to the court that a material change in circumstances has occurred since the last judgment was issued, and the change makes a modification of the orders necessary.
Temporary orders can become permanent custody arrangements after the couple's divorce is finalized. In some cases, this may not truly be in the children's best interest.
