What is a Motion for Temporary Orders in a Utah Divorce Case
Hi everyone, my name is Trevor Osborn. I’m a Utah Attorney working at Red law. In a divorce or custody dispute, a party will usually file a motion for temporary orders right after they file their original petition for divorce or petition for custody. now a motion for temporary orders is a means by which one party says, quot;look, I know this case may go on for six months, or eight months, or 14 months,.
And so I want the court to resolve certain issues because we can’t wait for that whole six month, 10 month, or 14month period to resolve some of these issues.quot; So, for example, if there are children involved, then parties will want the court to decide temporary custody of those children. Are the parties going to be awarded joint physical custody of the children? Is one party going to be awarded primary physical custody? Now if.
Joint physical custody is going to be awardedif there’s any chance that joint physical custody is going to be awarded that means one of the parties must have filed a parenting plan before they go into this hearing on their motion for temporary orders. If there hasn’t been a parenting plan filed, then the court is not going to order joint physical custody. Parenttime is another issue that’s going to be addressed in a motion for temporary orders.
When are the parties going to see the children? On what days and what times? Child support is another issue that’s usually going to be addressed in a motion for temporary orders. That means that you’re probably going to need to know the income of the parties so you can do a calculation of what the child support amount is going to be. You can use the child support calculator on ORS to determine what that child support amount is going to be. Sometimes if you go into the temporary orders hearing.
And you don’t know what the income level of the parties is the Commissioner might ask you what the income of the parties is, and then tell you that you should use those amounts that have been represented to the court in calculating child support. It’s typical to put in a motion for temporary orders a Division of expenses for the children’s health insurance and any outofpocket expenses involved in the children’s health or dental care.
Division of property is a potentially big issue. When we’re dealing with division a property we’re dealing with the vehicles of the parties, the bank accounts of the parties, the marital home. Now sometimes parties have been separated for quite some time and they, on their own, have decided who’s gonna go their own separate ways with what and they’re happy with that currently. They may want to change down the road when the court enters its final order,.
But currently they may be very happy and they may not want to disrupt anything. Other times, though, they may, for example, only have one vehicle between the parties and one of the parties may want exclusive access to that vehicle so they can go to work, or they can take the children back and forth to school or to their extracurricular activities, and things of that nature. One party may request that the court enter a temporary order granting them.
How Do Fathers Get Custody of Their Child
Hello, my name is Brian Galbraith and I’m the owner of Galbraith Family Law. We’re a law firm of family law lawyers located in Barrie, Orillia and Newmarket. How does a father get custody of his children? Now, there’s a myth out there that fathers never get custody of their children. This is based on the historic fact that, traditionally, mothers were primarily responsible for the care of children and fathers were the bread winners. So it made sense, in those days, that the court would order custody to the mother since she was the one primarily looking after the children anyway. It was in the children’s best interested to be with their mother. Nowadays, both mothers and fathers usually participate.
In the care giving and in earning the income for the family. As a result the Ontario courts are more inclined to order an equal time sharing regime for the children. If a father wants custody of his children, he needs to prove that it’s in the best interest of the children that he has custody. A strong argument would be that he was traditionally the one responsible or primarily responsible for the care, and that he can continue to provide the care that the children want and deserve. Custody battles are often very nasty. They can take many months and even years to resolve and cost thousands of dollars in legal fees. The children often suffer when there’s a custody battle between their parents. As.
A result we prefer to help our clients negotiate a settlement. One of the best processes to do that is called collaborative practice. That’s a process where the parties agree not to go to court and they work with professionals to find a resolution to their petty issues and any other issues that they have to resolve related to the separation. It’s a very cost effective process and keeps the power of decision making in the hands of the parents. Most importantly, it helps prevent the children from being in the middle of a battle between mum and dad. If this tutorial’s been helpful, give it a thumps up. And if you’d like to learn more information.
Or have one of our lawyers help you with your custody issues, please go to our website which is GalbraithFamilyLaw. You can book consultations with one of our lawyers. We help clients with custody issues every day. We can help you too. Thank you.