Family Law Temporary Orders

At times parents can not wait for dissolution proceedings to be completed prior to receiving the protection of a court order providing for important matters involving children. Temporary orders in a family proceeding can maintain the status quo as best as possible prior to receipt of permanent orders. Receipt of permanent orders can take a matter of months. This is particularly true in contested cases. Temporary orders can be issued by consent or a hearing can be requested. Temporary orders can provide for all of the same aspects as a permanent allocation of parental responsibilities order such as parenting time and support.

If the parties can not agree, then it may be necessary for a court to issue a temporary order regarding such issues as where the children will reside, what parenting time the other party will have and which parent will make major decisions regarding the children. Temporary orders should include temporary child support. Some courts will issue temporary orders at the Initial Status Conference if both parents agree, and in that case an evidentiary hearing is not necessary. If a temporary orders hearing is held, it is usually held within 30 – 60 days from filing and is much shorter than a permanent orders hearing; often just an hour long. Although brief, temporary orders hearings are important because courts have a tendency to continue the status quo when there is no compelling reason for a change.

Emergency orders can be requested in situations of imminent physical or emotional danger to a child. If such danger is present, the court can suspend unsupervised contact between a parent and child. There are serious penalties for false allegations. If you believe your child is in imminent danger you should call law enforcement first. Then consult with an attorney to evaluate court action.

Some indicators of endangerment can include: drug or alcohol abuse; physical abuse; sexual abuse; serious mental health concerns, and domestic violence, particularly if witnessed by the child. Child endangerment actions are initiated by filing a motion to restrict parental contact and the filing party must provide specific facts to support the request.

Restriction on parenting time proceedings are expedited. The court must conduct a hearing within 14 days of filing, so any parenting time that occurs before the hearing will be supervised. The hearing will be evidentiary and both sides will have the opportunity to present their positions. If the Court finds that the child is in danger, it is required to make specific findings of fact in its decision. Parental responsibilities can also be allocated on a temporary basis in the course of a civil protection order hearing if a protection order is issued.

Are you looking for a Family Law Attorney who understands the impact of divorce and separation on children? At Janko Family Law Solutions we understand how to obtain child-centered results in family law matters. Give us a call for a complimentary case assessment at 719-344-5523, or fill out our confidential online intake form.