Filing a Motion

Order to Show Cause or Notice of Motion

This is the starting point if you want the Court to do something on your behalf. When filing a motion in a California family law court, you may hear the terms "order to show cause" or "notice of motion". Despite the difference in name, they are essentially the same thing. They are both requests for the Court to make certain legal rulings that affect your case.

Because these are the vehicles through which you present your case to the Court, it is important to make your best possible case on paper (via briefs and declarations) so the judge has all the appropriate factual and legal arguments to consider in reviewing your request.

Ex Parte or Expedited Motion

After filing a motion, depending on the county, it may take anywhere from one month to three months to have hearing before the judge. However, there is an exception to the normal calendaring process. If, for example, there is a situation or condition where time is of the essence for the court to hear your case, you may have your lawyer file what is called an ex parte (expedited) motion. This will allow you to bypass the normal calendar so you can be scheduled as soon as possible, depending on the emergency of your situation. Because ex parte motions can be determined on very short notice to the opposing party, the Court will require a clear and justified reason for the request. If your ex parte request is denied, you will have to file your notice of motion or OSC on the Court's regular law and motion calendar.

An example for the ex parte motion might be that one parent is threatening to take a child out of state or the country without your permission. There may be other conditions warranting an ex parte motion, but you should seek the counsel of your attorney to advise you whether your case warrants such relief.

Working With an Experienced Family Law Attorney

Jonathan Chance, at JC Law Offices, knows how important these issues can be. He is a qualified Family Law Attorney who has experience in developing unique and winning strategies. Attorney Chance suggests you contact an attorney early in the process. Many times, Jonathan has been able to file ex parte motions to help get emergency relief from a condition that would have normally taken months to rectify. He will thoroughly examine your situation and advise you how to best proceed with filing a motion.

Attorney Chance has represented clients in matters of divorce and family law from all over the bay area. His office is centrally located in San Mateo, California. You may call, email, or FAX him by visiting his contact us page.