Tuesday, July 2, 2013

How to file an order to show cause in family court in NYS?

Q: My ex continues to intentionally violate the order by ignoring the parenting time scheuled and dropping off our son to me when she feels he is ready or after an event she has taken him to. It has happened 4 consecutive weekends. I've already filed two enforcement petitions and modification. The hearing is in August. My ex is also denying me my weeklong vacation in the summer. She states that he will be in camp therefore he cannot go on vacation with me. the order does not state that camp/activities supersede my summer vacation. I was advised to show an order to show cause. How do I file this pro se? Also, Will the judge get upset/annoyed if I file another enforcement petition? This past weekend, my ex dropped off our son to me 3 hours late. Should I just mention this at the court hearing?


A: David's Answer: To file an order to show cause as a pro se litigant, you'd need to go to the Clerk's Office of the courthouse. It's hard to say whether the Judge would be angry at the filing without knowing the full history of the custody case.  --  David Bliven, Westchester Family Law lawyer (www.blivenlaw.net)

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