Motion To Modify Temporary Orders Without Oral Hearing In Queens
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FAQ
Normally, a temporary order remains in effect until a judge ends it, modifies it or issues a final order replacing it. Occasionally, a temporary order has an expiration date. If parents can agree how to co-parent for the duration of their case, they may not need a temporary order.
Temporary Order: The emergency custody order will stay in place until the court schedules a more in-depth custody hearing. During this time, you and your attorney should continue to gather evidence and build your case for the final custody decision.
They are usually issued at the first appearance or conference. From that point, they remain in effect until a judge modifies them or issues final orders. Temporary custody orders can be agreed upon between the parents or requested from the court.
Temporary custody orders provide short-term solutions to parenting disputes that can wait until a regular hearing but cannot wait until the end of legal proceedings. Not all cases have temporary custody orders.
Modifying an order Speak with the clerk of court to complete a petition for a modification of your order - you can see the affidavit that you would file in family court on the NY Courts website.
Because every situation is different, there is no standard duration regarding the temporary child custody order, and the times can also change depending on the location. The court maintains temporary orders unless it modifies them or issues a final custody order.
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.
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
Evidence is Everything Show Cause hearings are very evidentiary based. You must be able to show the judge the ways in which the opposing party has not complied with the order currently in place. If the other side has not complied with the order, they will be found guilty.
For a non-hearing motion, the court will decide based only on written submissions, such as memoranda or briefs, in legalese. The court also considers supporting affidavits, documents, or other evidence submitted. For a hearing motion, the attorneys must appear before the court and argue the motion.
