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.
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.
Bringing a motion by notice usually gives the other side weeks to respond and sets no real deadline for the court to make a decision. If the movant cannot wait weeks, she may submit an order to show cause, asking the court to set tight deadlines for a response and to make a decision.
An Order to Show Cause is way to present to a judge the reasons why the court should order relief to a party. For example, a party can seek an order granting discovery, or dismissing all or part of an action by bringing an Order to Show Cause.
A case is withdrawn when the DA says that they are not moving forward on the charges, a case is dismissed by a court when either (1) there is insufficient or inadequate evidence, (2) the DA asks for it to be dismissed, or (3) there was some agreement for the case to be dismissed.
You can withdraw your petition. However, given that the court is already entering orders, you will both need to sign a ``Stipulated Motion to Dismiss'' and file it along with a proposed order dismissing the case. The court should then grant the stipulation and dismiss the case.
A: If you've filed a petition for full custody in New York and wish to dismiss it, you should file a voluntary discontinuance form with the court where you filed the original petition. It's important to do this before the court date.
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Typically you can do this either by contacting the child support enforcement agency and having the order terminated through administrative channels, or by filing a motion directly with the court that issued the original order.