Motion to Show Cause


#1

Erin,

Last month I submitted a Motion to Show Cause, an Order to Appear and show cause calendar is set, notice of hearing served. This show cause included many issues around failure to pay child support payments. In a consent order, I have legal and physical custody of the children. Over the past two weeks my ex-wife has repeatedly violated the terms of the consent order specific to child custody/visitation by 1) keeping the children overnight without my consent and 2) refusing to tell me their whereabouts, and 3) communicating if and when she plans to return them.

Q - can I bring up these new custody issues in court with the child support payment issues in the previously filed show cause for discussion OR do I need to submit another Motion to Show Cause specifically stating her failure to comply with the custody/visitation agreement in the consent order.

My concern is that the previous show cause only addressed child support, it did not mention the custody/visitation violations specifically.

Thanks, again and again,
Felix


#2

You will need to submit an additional motion and if the hearing is more than 10 days away, may try and have the new motion set for hearing the same day as the motion regarding support.