Lately I have been inundated with client's who are in need of emergency orders in their family law cases.
Most of them have stemmed from alcohol and/or drug abuse by the other parent and the obvious concerns regarding that parent's fitness to have unfettered parenting time with a minor child.
In order to get an emergency order, it must be demonstrated to the Court that an irreparable harm will occur to the children if an emergency order is not issued. A parent suspected of being addicted to drugs and/or alcohol will almost always meet this burden.
The process of getting an emergency order however is timely and thus costly. First, a verified motion must be drafted. Secondly, the attorney must go down to the Court and file the motion (as opposed to having his daily runner do it) and then walk it to the assigned Judge. It typically takes anywhere from an hour to 3 hours of waiting by the attorney for the Judge to make a ruling and/or make time to have the attorney appear in the courtroom and further explain the situation.
If the Judge grants the motion, an Order will be issued along with a date for an evidentiary hearing. The Order along with the original motion need to then get served on the other party. Both parties will then have to appear at the evidentiary hearing so that the Court can hear both sides of the argument.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
Most of them have stemmed from alcohol and/or drug abuse by the other parent and the obvious concerns regarding that parent's fitness to have unfettered parenting time with a minor child.
In order to get an emergency order, it must be demonstrated to the Court that an irreparable harm will occur to the children if an emergency order is not issued. A parent suspected of being addicted to drugs and/or alcohol will almost always meet this burden.
The process of getting an emergency order however is timely and thus costly. First, a verified motion must be drafted. Secondly, the attorney must go down to the Court and file the motion (as opposed to having his daily runner do it) and then walk it to the assigned Judge. It typically takes anywhere from an hour to 3 hours of waiting by the attorney for the Judge to make a ruling and/or make time to have the attorney appear in the courtroom and further explain the situation.
If the Judge grants the motion, an Order will be issued along with a date for an evidentiary hearing. The Order along with the original motion need to then get served on the other party. Both parties will then have to appear at the evidentiary hearing so that the Court can hear both sides of the argument.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
What if it's not the custodial parent who the emergency would be against but who he has chosen to live with? He moved out of the home last august because he found illegal drugs. He is now moving back in with here because he needs her additional financial support. He tells me now it was all a lie, however both children (7yr-8yrs) witnessed the discovery.
ReplyDelete