Why or When to File an Order To Show Cause Emergency Hearing in NJ
If you have been to family court for a divorce, parenting time, custody, enforcement of court orders, relocation of children, registering a student in a new school district over the object of the other parent and other related issues, you know that some must be heard in the normal course of a motion trime frame (24-40 days) and others that cannot wait that long to be heard as the issue(s) at hand are ripe now and need to be decided now for at least a temporary decision. For example. dad booked a flight to Italy, moknow about it but at the last minute ran to the court to try and stop it. We were hired by dad, we won, crisis averted. In another recent case, a mother left the State of New Jersey to move to Boston, Mass without consulting with dad and without consent. We were able to locate her and force her to return the children to NJ. While every case is diferent, when you have an experienced family law or divorce lawyer on your side, you only increase your chances for a positive outcome or mitigating loses. So how do you know the Judge will consider your case to be an emergency? Why can't your case be heard in a normal motion cycle? Have you tried to speak to the other side? Have you sent them the papers you filed to give them service? What constitutes am emergency for an order to show cause is not black and white and that being said one Judge may think it must be heard, another may think stop wasting my time.
How to show your case is in fact an emergency under the New Jersey Rules of Court and the leading case of: Crowe v. De Goia. Amongst other things, the De Goia case stands for the principal that a situation is an emergency if there is no dollar amount or financial compensation that can make up for the loss or the continuation of the action in violation of the court order or the law. However, there are financial cases in the sense, dad left mom without money, mom cannot buy food, she cannot make it to work, etc. While a financial number can fix that situation but what if it takes too long and you get evicted or it takes too long and have your electricity turned off, is that enough for an emergency in family court? I think so. Or in other matters the wife is spending all of the money in the marital accounts, is that an emergency to stop her from further spending or sending money to people abroad or to other relatives I think so. Or there is abuse at home and one parent or sibling wants to remove the child out of the house over the objection of the parent, that can be ripoe for an Order to Show Case (OTSC).
So while the list is endless, the above are just common samples of what we fight for daily in order to show cause cases in NJ family courts. Before we accept a case we discuss what the overall situation is and if an emergency hearing is in fact your best move as this point or is a motion or ia calling DYFS? If you face a case that seems must be heard the same or next day in family court, contact my team on 973-337-9643 for a confidential consultation.