apparently I just realised that "an order to show cause" was filed to my case last summer. I have no clue what this is (will get a copy from the court on Monday) but what is it?
It is a start of a "contempt" proceding. Meaning whom ever has to answer the order to show cause has to prove to the courts why they should not be held in contempt of court and possibly be sanctioned according to the law.
DH in my case filed a motion to show cause due to BM's denial of visitation. (which was resinded due to an agreement but is being refiled due to further recent denials.)
What was the show cause in regards to?
that's the thing, I never saw the document, I will see it tomorrow (getting a copy of the court file from the filling office)
if it is resinded then what happen ?
In DH's case he had it dismissed with out predjudice (meaning it can be brought back up at anytime for any reason) The reason we did it that way is because we knew that ex could not and would not follow co. Which we were right and that is why we are bring them back but the 3 new ones as well.
The same day the contempts will be heard we also have our final custody hearing. (Feb 9th and 10th) The only reason they were dismissed was because DH made an agreement between ex and attorneys that we would dismiss if they would agree to dismiss the mediation agreement and proceed to trial as ex would not follow the mediation agreement anyways.
I hope this helps answer your questions. If I can help you further dont hesitate to ask.
When my boy's dad went for his order to show cause they put him jail for 3 months (20 days served) right on the spot. He had he opportunity to place a bond of $7200, but couldn't find the cash. I didn't show up, I didn't need to.
A motion to show cause is not always contempt, it could be to increase or decrease cs, it could be to changed something in the court order.
When you go down to the courthouse, see WHEN it was served upon you, if it was not served upon you and they filed default, I would be filing a new motion myself in regards to it.
**These are my opinions, they are not legal advice**
So, it could also be a modification or a COLA?
LegalDefinitions.com
Order to Show Cause Definition
order to show cause definition – an order to show cause is an order a asking a party to appear in court to explain why the party took a certain action or why the court should or should not grant some relief.
**These are my opinions, they are not legal advice**