High Quality
Open the downloaded document, and select print from the file menu (PDF reader required).
AUGUST 2009
PAGE 1
connecting u
show cause
-
the ends & outs
by Abby Hinton, cofounder Equal, Inc.
First, let me get this out of the way, I am not a licensed attorney. Asmany of you know, I am thestepmother to a beautiful little girlthat we love and fight just for theright to parent her and have equalaccess. I want to share answers toquestions that we have had throughour journey. One of the first things Ilearned about was show cause. Here isjust some of the ends and outs, Ifound out. Please feel free, as I amnot an expert, to connect with me toshare some things you haveexperienced.
Q:
What is a show cause?A:
According toFreeDictionary.com, “
A court order, made upon the motion of an applicant,that requires a party to appear and provide reasons why the court should no
t
perform or not a
"
ow a particular actio
n
and mandates this party to meet the Prima Facie case set forth in the complaint or Affidavit of the applicant. A show cause order, also ca
"
ed a
n
order to show cause, mandates that a
n
individual or corporation make a cour
t
appearance to explain why the court should not take a proposed action. A court issuesthis type of order upon the application of a party requesting specific relief and providing the court with an a
ffi
davit or declaration
(
a sworn or a
ffi
rmed statement a
"
eging certain facts
)
. A showcause order is genera
"
y used in Contemp
t
actions, cases involving injunctive relief, and situations where time is of th
e
essenc
e
.”
A:
This is very important formany parents in a custody situationand I would like you all to pay attention. According toHelpsouthdakota.com, “
You can file for a Motion for Order to Show Cause whe
n
the court has ordered the opposing party to do or not to do something and the opposing party has failed to comply with the cour
t
order. This means any agreement in th
e
court order that is not fo
"
owed
.”For instance court ordered visitation may not be given to you onthe day or days you were to have visitation, therefore, you need todocument the lack of visitation on a calendar or day planner, or have a discussion with the opposing party by email to get documentation of the visitation denial. I see this a lot, oneparent says that the child is sick and you cannot have your visitation, well guess what you are fully capable of taking care of an ill child as the otherparent. Before File a motion for orderto show cause make sure that youhave proper evidence to show thejudge. The last thing you want to do is go to court with he said she said.
(
continued page 2
)
VOL I Issue 3
Visit Us Online www.bestinterestofachild.com
AUGUST 2009
PAGE 2
Q: How do you file a show cause?A:
There are several ways to accomplish thistask. You can call or visit the court clerk, this personis typically located at the court house where you willbe having or have had your hearing. Tell them youneed the paperwork to file a motion for order toshow cause. I have not used this method yet, but thecourt clerk should be a ble to help you.Second, some cities have law libraries where they have court documents that you can fill out to take tothe court clerk to schedule a hearing. I have onseveral occasions visited the law library and foundthe librarian very helpful with paperwork. Third you can hire a lawyer and they will hear your complaint about the court order and determineif you have a valid matter. They will complete thepaperwork on your behalf and you will be responsiblefor suppling your counsel with the properdocumentation / paperwork showing that the courtorder was indeed not followed. You will then beresponsible for showing up in court on the hearing day with your lawyer.
Q: Do you need a lawyer to file a show cause?A:
The answer to this question is NO you do notneed a lawyer, however, if you decide to represent yourself in a hearing you will need to prove to thejudge a burden of prove showing that the court order was not follow by the opposing party. So make sure you do your homework and you have all yourpaperwork in order for the judge and copies for thedefendant. I would recommend for the first show cause having a lawyer present and once you get hehang of it and build a good working relationship withthe judge you are probably ready to go on your own.If you do not feel comfortable not having a lawyerpresent then of course get a lawyer. I have seen somelawyers have a flat rate fee for show cause and otherscharge by the hour. If you know that you will be going back to court for show causes and othermotions, please start saving money so you are ready when the time comes. Again, I am not a licensed attorney, when indoubt ask a professional. Check your yellow pagesfor a licensed attorney in your area.abby@bestinterestofachild.com
partnerships would you or a group you know like to partner with Equal, Inc.?Let Josh know. Just email him. josh@bestinterestofachild.com
Stop Laying Around?
It
’
s Time for New Floors
connectconnect with us. become a member of Equal, Inc.gain access to valuableinformation and resources foronly
$
7.00 per month.email abby@bestinterestofachild.com
Click Here
Visit Us Online www.bestinterestofachild.com
Add a Comment