connectingu_august 2008
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AUGUST 2009
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connectingushow cause-the ends & outsby Abby Hinton, cofounder Equal, Inc.
First, let me get this out of theway, 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 andprovide reasons why the court should notperform or not a"ow a particular actionand mandates this party to meet the PrimaFacie case set forth in the complaint orAffidavit of the applicant.
A show cause order, also ca"ed anorder to show cause, mandates that anindividual or corporation make a court
appearance to explain why the court shouldnot take a proposed action. A court issues
this type of order upon the application of aparty requesting specific relief andproviding the court with an affidavit ordeclaration (a sworn or affirmedstatement a"eging certain facts). A showcause order is genera"y used in Contempt
actions, cases involving injunctive relief,
and situations where time is of theessence.
Q: Why would you file amotion for order to show causeor simple show cause?
A:This is very important formany parents in a custody situation
and I would like you all to payattention. According toHelpsouthdakota.com, You can file for
a Motion for Order to Show Cause whenthe court has ordered the opposing party to
do or not to do something and the opposingparty has failed to comply with the courtorder. This means any agreement in thecourt order that is not fo"owed.
For instance court orderedvisitation may not be given to you on
the day or days you were to havevisitation, therefore, you need todocument the lack of visitation on acalendar or day planner, or have adiscussion with the opposing party byemail to get documentation of thevisitation denial. I see this a lot, oneparent says that the child is sick andyou cannot have your visitation, wellguess what you are fully capable oftaking care of an ill child as the otherparent. Before File a motion for order
to show cause make sure that youhave proper evidence to show thejudge. The last thing you want to do isgo to court with he said she said.
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VOL I Issue 3
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