Even when the court issues an order, there may still be claims. There are claims that the order has been violated. Frequently, the opposite side will make the allegation in the form of a motion. It might very well be a motion asking for a show-cause ruling on whether or not someone should be absolved of contempt for disobeying the court’s order. According to a court order, the child must be returned after Wednesday night’s parenting time at 8:00. At 9:00, one hour late, the co-parent delivers the child. consistently disobeying the order. Consult your Michigan Family Law attorney. If it’s worthwhile to dispute that issue in court, your attorney will advise you on that. Then you can choose whether to submit that motion. If the court’s order has been violated, a hearing will be scheduled to decide what the court will do about it. The judiciary has options. The courts would rather not be used as a first option when something goes wrong, but rather as a last choice. How to defend a show cause filed against you.
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Even if someone is 20 minutes late, the court may not find them in contempt. To account for the twenty minutes, the court can increase the parenting time. That will stop the momentum of your motion. You must pick your fights carefully. You must choose whether picking that fight makes sense. Up until your child is 18, you will be their parent. You’ll spend a lot of time dealing with your co-parent. You shouldn’t be coming to court every week, the judge says. Consider carefully what you present to your attorney. Recognize the purpose of the show cause order and what the court will do. Is the move worth the $2000 you paid to have your attorney file it? Most likely not. You might want to establish boundaries. It could be worthwhile. Or perhaps all you need to do is change the parenting schedule.
What is a show-cause order?
A show-cause order is a court order. It is issued to compel a person to appear before the court to explain. The person must explain to the court why they should not be held in contempt. The person must present evidence of why they are not to be sanctioned. Sanctions are imposed for violating a court order. They are imposed for failing to perform legal obligations. Show-cause orders are often issued in family law cases. Family law cases refer to cases like divorce, child custody, child support, etc.
Initiating a Show Cause Order
File a motion with the court. Start a show cause order in a Michigan custody case. Outline the alleged violations. Describe the non-compliance. Attach evidence supporting the claims. Provide specific details and documentation. Support the allegations. Show the other party’s failure to meet their legal obligations.
The Show Cause Hearing
File the motion for a show cause order. The motion is examined by the judge. The court decides there is enough justification to issue the order. The court decides the motion has merit. A show-cause order is issued. The party who is the subject of the order shows up in court on the designated day and time. The individual responds. The individual justifies why they shouldn’t suffer the repercussions of their non-compliance.
A show-cause order is a strong instrument the court can deploy. Enforce adherence to judicial mandates and legal responsibilities. Recognize the method. Find out what a show-cause order means. Deal with any instances of noncompliance. Show-cause orders are a powerful tool for dealing with infractions. During the show-cause hearing, you can present facts, call witnesses, and make arguments. Analyze any claimed infractions or compliance issues. The evidence is evaluated by the court. It establishes whether the party disobeyed a directive. Penalties might be imposed on them. It manifests as penalties, restrictions, and changes to the order. In severe cases of contempt, it may even result in incarceration.
What circumstances can lead to a show-cause order?
A show cause order in a custody case is a powerful legal tool. It can address non-compliance and violations. It deals with circumstances jeopardizing the best interests of the child such as:
[ a ] A failure to follow court orders.
[ b ] A non-payment of child support.
[ c ] Interference with custodial rights.
[ d ] Substance abuse or neglect.
[ e ] Domestic violence.
The court has the authority to intervene. It has the power to protect the child’s well-being.
Failure to Follow Court Orders
One of the most common reasons for a show-cause order. Failure of a parent to follow court orders. Non-compliance with visitation schedules. And, refusal to follow parenting plans. It also includes ignoring specific provisions outlined in the court’s custody order. A parent may disregard the provisions of a custody order. Challenge a custody order. It can prompt the other party to seek a show-cause order.
Failure to Pay Child Support
Child support is a vital consideration in child custody cases. Child support ensures the child’s financial security. It is possible for parents to neglect their judicially mandated child support duties. As a result, the custodial parent can face serious financial challenges. The custodial parent submits a motion for a show-cause order. The parent is not paying child support. That parent will explain to the court why they are disobeying the court’s order.
Violation of Custodial Rights
One parent may interfere with the other parent’s custodial rights, which can mean:
[ a ] Denying scheduled visitation.
[ b ] Refusing to return the child at the agreed-upon time.
[ c] Relocating without obtaining the necessary court approval.
A co-parent’s actions can disrupt the other parent’s rights. Disrupt a meaningful relationship with the child. It prompts the aggrieved party to file a show cause order.
Substance Abuse or Neglect
When divorce is not amicable, tensions can run high. Ex-spouses might be inclined to accuse each other of vices or abuses. One parent may be accused of neglecting a child. Accusations may be genuine (or not). This throws doubt on each parent’s capacity to serve the interest and well-being of a child. A show-causee order may be used to bring such erring ways to light. The common vice leaving a parent vulnerable to allegations is substance abuse. The more history you have with substance abuse, the more likely you will be accused of it.
Domestic abuse or violence
Domestic abuse. Domestic violence. Nothing will put loving parents on their toes like these words. Abuse and violence. Don’t act desperate. File a motion for a show-cause order. Courts will take action if it is for the protection of children.
You’re worried about showing up in court and explaining. You probably hate it too. The best option is not to create situations that lead you to be called to the judge. Remember all the things we mentioned here. Avoid it. It’s avoidable. Of course, if you are one of those with a masochistic desire to jostle with the judicial system go right ahead. Talk to your attorney first though.
What are the repercussions of a show cause order to the petitioner?
You read about show-cause orders. You got your lawyer explaining it to you but your ex-spouse has other ideas. Your ex-spouse thought they had an opportunity. You know the substance abuse history of your ex-spouse. You were session buddies then even before you got married. Your ex-spouse is confident they can push the right buttons. Your ex-spouse’s lawyer may not even know it (yet).
The burden of proof is on the petitioner
The burden of proof rests upon being the petitioner. Your ex-spouse will have to establish that you have violated the court order. Your ex-spouse will have to prove you failed to meet obligations. With the help of a lawyer, your ex-spouse will have to provide compelling evidence. Your ex-spouse needs credible evidence to support the allegations during the show cause hearing. This evidence comes in the form of documentation and witness statements. You better have more compelling ones.
Credibility impact
Your ex-spouse is so gung-ho about accusing you of using drugs, your ex-spouse forgot it works both ways. You were session buddies remember? Your ex-spouse remembers too (all too well). Give the court better evidence than your ex-spouse. The court will find the allegation unfounded. Your ex-spouse’s evidence was not enough to warrant a show-cause order. This can affect your ex-spouse’s credibility in succeeding court sessions. Then again you were drug buddies. You may well end up in the same pit as your ex-spouse.
Attorney’s fees and costs
The court may find the petitioner filed a frivolous or unjustified show cause order. This can be the result of your ex-spouse not thinking things through. Maybe not talking to a lawyer before filing the motion. The court may order your ex-spouse to pay your attorney’s fees. Order your ex-spouse to also pay costs associated with defending against the allegations. This serves as a deterrent against baseless accusations. The court encourages parties to approach show cause orders responsibly.
Strained co-parenting relationship
You may be a reflective person. You are also a parent. You know you will be co-parenting for at least until your child turns 18. It means you will be dealing with your ex-spouse more or less the same length of time. Filing a show-cause order can strain the already delicate co-parenting relationship. Accusations and later court proceedings may create tension. It’s going to build animosity between the parties. It’s going to make it even more challenging. It will be more difficult to establish effective communication.
Impact on custody determination
When you are in the presence of the judge, you do know they are sizing you up as parents more than as spouses. The court is sizing you up more as parents because they are more concerned with the children. The court is taking into account your actions. They are looking into your behavior as parties to a custody case. Your behavior including your filing or responses to a show-cause order matters. If your actions are perceived as acting against the child’s best interest, it may not go well for you. The court’s observation may influence custody and visitation arrangements.
It is good to understand what happens when you get to be a petitioner for a motion to show cause. It gives you a better perspective especially when you’re thinking of leverage. This should make you think twice about being frivolous yourself. Be more conscious about making allegations. Now you need to think about how you are going to shield yourself against a show-cause order.
How to defend against a show-cause order filed against you?
You have gotten over the stress of being served divorce papers. Being served a show-cause order can be a whole different thing. A show-cause order already has a veiled promise of consequences between the lines. In Michigan, this can be an overwhelming experience. Once you read the show-cause order, you know it is meant to address something. It is addressing non-compliance or violations. Your non-compliance or violations. You know you should be mounting a strong defense right about….now!
Seek legal representation
It should be obvious by now that you need a lawyer. Mounting the first steps in defending against a show cause order starts with a good attorney. Your attorney should assess the specific details of the allegations. It’s all in the show-cause order.
Understand the allegations
You need to review the allegations in the show-cause order. Do this with care by analyzing the specific claims made by your ex-spouse. Identify inaccuracies, inconsistencies, exaggerations, and of course the lack of evidence. You can work well with your attorney if you understand the allegation. Give your attorney a clear context of the allegations.
Gathering supporting evidence
There are certain rules about presenting and gathering evidence. Your attorney knows this. You need to put together all relevant documents, records, and evidence. You’re going to refute the allegations your ex-spouse made in the show-cause order. Gather witness statements for more credibility.
Prepare a Detailed Response
So you got all your documents and evidence together. You got your attorney. Now it’s time to put your detailed response to the show-cause order. Work closely with our attorney. You need to draft a compelling and comprehensive response. The response should address each of the allegations. You have to be specific about this. Remain truthful and avoid embellishments or representations. Credibility plays a significant role in show-cause proceedings. Don’t mess it up.
Attend court hearings
You are being ordered to show up in a show-cause hearing through a show-cause order. It should be obvious that the next step is showing up. Attend all the scheduled court hearings related to the show-cause order. Please wear a professional wardrobe. Arrive on time and conduct yourself respectfully.
By now you should know that a show-cause order and show-cause hearings are not to be taken lightly. A Michigan custody case needs careful preparation. Show-cause hearings are part of the legal landscape of child custody cases. The fight for child custody will mean the use of strategic thinking. You need the guidance of a seasoned attorney.
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