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.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
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.
Writing Your Letter Search for a form letter. Some courts print off forms that you can use to request a hearing. Open a word processing document. Insert a salutation. Add a heading. Begin the letter with your request. Explain why you need the hearing. Provide a contact number. Sign the letter.
Tips for an Effective Character Letter To a Judge in California Understand the Purpose of a Character Letter. Use Specific Anecdotes Over General Praise. Address the Impact on the Defendant's Support Network. Maintain Respect For the Court. Respect the Judge's Time. Align Your Expectations with Reality.
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.
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.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.