Order to Show Cause

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Order to show cause

An Order to Show Cause (OSC) is a document that is filed with the Court for the purpose of obtaining a hearing date to have the presiding judge hear matters of your concern on a range of issues including, but not limited to, child custody and visitation, child support, spousal support, modifications, etc.

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Text Box: ORDER TO SHOW CAUSE (OSC) CHILD CUSTODY CHILD VISITATION CHILD SUPPORT SPOUSAL SUPPORT MODIFICATIONS CHILD CUSTODY VISITATION CHILD SUPPORT OTHER OSC MATTERS (PRICE MAY VARY UPON THE AMOUNT OF WORK BEING REQUESTED) _________________________________ EXPARTE APPLICATION (ADD) (EMERGENCY RELIEF) INCOME AND EXPENSE DECLARATIONS (ADD)

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ORDER TO SHOW CAUSE

An order to show cause or OSC, directs a party to a lawsuit to appear on a certain date to show cause why the judge should not issue a specific order or make a certain finding. For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children, why child support or spousal support should not be given, or other orders of the like. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage, it is she or he, after all, who is told to come up with a convincing reason why the judge shouldn't order something. Both sides normally have an equal chance to convince the judge to rule in their favor. During a legal action, this is the best way to acquire temporary orders until a final judgment is entered.

Once filed, your hearing date will be three weeks away, at minimum. If immediate attention is required on a certain matter, an Exparte Application (application for an emergency hearing) can be filed and a matter can be heard as soon as the next day. However, certain procedures must be followed before an emergency hearing can be brought before the court.

Exparte relief is not loosely granted. There must be a showing before the court a true emergency for an Exparte Application to be granted. For example, a parent is about to take the minor child out of the country and you cannot wait three weeks to have your OSC heard. If the court feels there is no emergency, then the court will schedule your OSC for regular hearing or grant you a shortening of time to have your OSC heard sooner than the three week period. It should be noted that the other parent must be given 24 hour notice prior to the Exparte hearing. He or she has the right to challenge the relief you seek.

PUBLIC DOCUMENTS PLUS can help you through the drafting of the above documents in order to lessen the confusion of what is needed to prepare in order to present your matters of concern before the court. Call us and inquire how we can help you.

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