Interim Order Or Temporary Order

Question: I need to file a "Motion in Opposition to Plaintiffs Motion for an Interim Order" Where can i find a template? My son's Father has filed a Motion for an interim order asking the courts to enter a interim parenting plan. I need to file a oppisition to it but i cant find a template for the form, where on-line can i find one?

Answer: Try the state court website or give teh county clerk a call

Question: How to issue an interim order in the Ontario Superior Court of Justice? I am in the defence and counterclaim stage of a civil case in the real estate transaction. How can I proceed with an interim order to demand the other party to deposit money as a trust accout to the said court so as to avoid that I win the case, but no money.

Answer: This is why we have mafia.

Question: Interim order at Ontario Superior Court of Justice procudure? I have fixed a date for a court appearance and I am preparing a motion now. Do I need a factum at the same time? Should I prepare the interim court order or the court will do it?

Answer: I think the Court will do it automatically but check with them first.

Question: what does Interim Order to a certificate in lieu of a case management conference mean? going through a divorce. read this proposed to my attorney by my husbands attorney

Answer: It doesn't make sense. A case management conference (CMC) is a court hearing where the court wants to know the progress of the case. Perhaps, they are proposing something so that the CMC will be taken off-calendar. An interim order is an order that is not final. It's just there for the time being while a final order is being prepared. Has your attorney explained this document to you? That's what he's there for.

Question: Can you breech an interim residency order if you flee to women's refuge? Ex husband was very abusive and discovered I was going to flee to a women's refuge and promptly told a pack of lies to gain an interdict. He is neglecting the children and is refusing to let me see them until it goes to a welfare hearing. I have a solicitor but was wondreing what the position was if I was to take the children to a refuge. Can anyone help or advise me

Answer: The Citizens Advice Bureau can offer you help and can Womens Aid. If you have proof of abuse (police attendence etc) then you have more 'strength' when it comes to gaining access and/or custody. It depends on the situation as to what social services will do. If they are not already involved, make sure they are involved now, as they have a duty of care to the children (though they have no duty of care to you or your ex-husband). Here is hoping that what ever happens is what is best for your children.

Question: I need to know what to do about changing an interim child custody order.? An interim order was filed 5 years ago that granted my mother custody with joint custody with their father. For the last 3 years the children have physically lived with me. Their grandmother still wants the child support to be paid to her even though she sends me the money. It has become quite a hassle. She lives in Texas and the children and I live in Louisiana. I have an appointment with an attorney this week and was wondering if anyone knows exactly how I have this interim order changed.

Answer: with an attorney

Question: my children are in care due to an interim care order, whats the minimum time they would be returned home for? the children have been appointed a guardian, who they have all seen and they say we need to have assessments done and the children.

Answer: It all depends on why they are there! I've seen kids back as early as a month, but then I've seen kids that don't ever get placed back with their biological parents. Best advise that I could give you, Do what they ask of you to eusure their return.

Question: Can high court stay the lower court interim order in CRP ? Dear Sirs Lower court gives an interim order by appointing advocate commissioner. But the defendents go on a CRP and stay the lower court interim order. I read up one article in helplinelaw site that in a criminal case the high court cannot excercise this revision on an interim order of the lower court. Can you please tell me if same applicable in civil also that if advocate commissioner has appointed as an interim order, can a high court stay that interim order?? I clearly read and understood as that high court can only excercise this REVISION POWERS only on final judgements of the suit. pls help me. (Only as applicable to Indian legal system) Unfortunately crp filed under art 227. What I am dismayed is that hard fought appointment of adv comsnr from the lower court was stayed in a jiffy and with a meager rs. 200/- court fee and without hearing ourside. I got ur point that our counsel shud hv filed counter when notice rcvd instead of asking for time to file counter. On staying the order, adv comsnr is gone n now they hv suspended the treasurer so that they can draw monies as they please, declared AGM n election on 26th oct. Thanks to Yahoo QNA and Mr. Vijay it has been a blessing and a moral booster to fight on for rights. Hearing is on 20th oct and so would appreciate case laws links so that can read up reg judgmnts where adv comsnr is appointed in members dispute, vertical split and irregularities. Pls help.

Answer: Captain here again you missed very important point to disclose if the other party filled a civil revision petition in the Chennai High Court under section 115 of the Civil Procedure Code or under Article 227 of the Constitution of India. In the former case their CRP is not at all maintainable because of the Amendment by Act No.46 of 1999 with effect from 1.7.2002 in Section 115 C.P.C according to which ‘Interlocutory orders’, passed by the Courts subordinate to the High Court, against which remedy of revision has been excluded by the C.P.C. Amendment Act No.46 of 1999 nevertheless these are open to challenge in, and continue to be subject to certiorari and supervisory jurisdiction of the High Court under Article 226 & 227 of the Constitution of India respectively. As held by the Supreme Court of Indian in Surya Dev Rai vs. - Ram Chander Rai and others reported in A.I.R. 2003 Supreme Court 3044:- "The curtailment of revisional jurisdiction of the High Court does not take away and could not have taken away the constitutional jurisdiction of the High Court to issue a writ of certiorari to a Civil Court nor the power of superintendence conferred on the High Court under Article 227 of the Constitution is taken away or whittled down. The power exists, untrammeled by the amendment in Section 115 of the C.P.C. and is available to be exercised subject to rules of self-discipline and practice which are well settled." Considering this well settled Principle of law if the other party has taken the path as shown in this case to file Civil Revision under Article 227 of the Constitution of India then that will be maintainable & heard by the High Court, as also order relating to interim stay of further proceedings in the case is also maintainable in law.

Question: Wife wants to file for interim order? Or as they call it temporary child custody. But she has no chance because I am primary caretaker for 6 straight months and have proof. Her only weapon is to lie her teeth out. If she does, will the judge grant it to her immediately or will he listen to my side of the story? Thanks Thanks Pookie Her reason for not wanting shared custody and wants full custody is because she would get less child support.

Answer: We are not psychics we only give advise.Sorry

Question: GMGMQ Common Stock - Explanation of Notices and Interim Order sent to common stock holders? A family member of mine who works for the UAW received these Notices and Interim Order in the mail on June the 2nd of last month. On June 8th, he decided to get rid of his shares and sold his 200 shares of GMGMQ as the stock will be worthless. His question is regarding trade restrictions outlined in the notices outlined in Question #7 of the following website: http://www.uawlocal239.com/bulletin.htm a copy of it follows: 7. Whom do these procedures impact? These procedures impact any person or entity (including certain persons making a coordinated acquisition) that beneficially owns, directly or indirectly, a number of shares of GM stock (and possibly options) representing 4.5% or more of all issued and outstanding shares GM stock, which is approximately 27,000,000 or more shares of GM common stock. Under other circumstances, a person's stock ownership can include that of its family (including grandchildren), and options to acquire stock. His question is: did these restrictions apply to him, or, specifically, to Substantial equity holders? I noticed that many people were blogging and messaging that they were dumping their shares between June 2nd and even through July. TEGO

Answer: the web site you list just says he will continue to receive Delta Dental insurance. Nothing about trade restrictions. And the details you gave, says it is only for anyone (or their immediate family) who owns 27 million shares or more. His 200 is way under that. Good thing he sold, people are still buying shares thinking they are for the new GM and can recover. I wonder if they ever read beyond a newspapers sports section.

Question: whats a interim care order? My friend has had social services take her to court for an interim care order for her 2 younger children? she's very upset and i don't want to ask what this means.

Answer: In Re M (Interim care order: removal) [2006] 1 FLR 1043 the Court of Appeal, in discharging an interim care order, provided a reminder that a court making or continuing an interim care order needs to consider not only any risk of significant harm to the child if he or she remains at (or returns) home but also the risk of emotional harm to the child through separation from her parents and home. The case had also suffered from procedural unfairness in not giving the parents an opportunity to rebut points raised without notice by the children's guardian, whose evidence was, in any case, too speculative to be relied upon. The court also expressed surprise that the family proceedings court had made the original interim care order for a period of as long as eight weeks, despite the fact that the parents were not present in court. In the circumstances, an order for 28 days would have been more appropriate. FOUND ON GOOGLE HOPE IT HELPS YOU

Question: UK Law - advice on interim charging order? One of my relatives has landed himself in hot water with a credit card debt, and yesterday received a letter advising his creditors were seeking an interim charging order in court. I understand that the charging order means that if he sells his home, the creditors will be able to take the money owed to them before he gets the rest of the proceeds. However, I'm still not clear on whether: 1) They can force him to sell his house? 2) What happens in the event of his death? Any advice would be appreciated. I'd not heard this term until today, he's elderly and not in the best of health, and I want to help him out as best I can. He's already been to CAB, but he doesn't really understand what they're telling him. Thanks. Sorry!! It's English law.

Answer: i know this problem very well . to start with its very unlikely thay will force him to sell his house . thay can only get a charging order if thay have a ccj against him. if thay get a charging order you need to offer to start paying as much as you can afford until the debt is payed off then the charging order is removed.the charging order is there so if he sells his house thay get there money first. if you need any more advice feel free to email me. just to add in the event of his death thay get there money when the house is sold

Question: Is there such a thing as a temporary restraining order? I know someone who wants to get one, but don't want to go through the trouble of getting a permanent one. I guess someone keeps calling her number and keeps going to her house and bothering her. How will a temporary restraining order help her and where can she get one?

Answer: Yes, there are temporary restraining orders. Depending on how that goes, the order may be made permanent. The other person's behavior, as described is called stalking and is definitely a criminal act. Violation of a restraining order, or what ever name it goes by in a particular jurisdiction, is easier to prove. It has the advantage that the person who got the order is no longer the complaintant. It is the court that issued the order against the violator.

Question: Calling all lawyers! Interim charging order in UK? Can we be forced to sell the house? An interim charging order has been put on a property owned by my husband and his ex-partner. The debt is soley in my husbands name. We have been renovating the property and were hoping to live in it for a short time and then buy a bigger property more suitable for us and our two children. There is no-one living in the property at the moment and we are renting until the property is of a habitable standard!! As it stands the property is probably worth approximately £40,000 but after renovation we would expect it to be worth in excess of £100,000. There is £20,000 owing on the mortgage. Can the creditor apply for the sale of the property? The house is in joint names, but the debt only in my husbands name. If we were forced to sell the property before it has been renovated we would lose tens of thousands of pounds which would mean we would be off the property ladder with no chance of getting back on it. Please help, thank you!

Answer: If the debt is secured on the property and is unpaid then the creditor has the right to take possession of the property and/or force a sale so that they recover the monies owing to them. If the house is in joint names then under most circumstances legally so is the debt - both parties are "jointly and severally liable" irrespective of any arrangement between the two over which party pays the debt. I suggest that if you haven't already done so, you attempt to negotiate a re-scheduling of the debt or some sort of interim payment. But if you are unable to pay the outstanding debt I suspect that the creditors will argue that you will also be unable to finance the rennovation in which case the promise of increasing the value of the house will be of little inteerest to them. As the property is unoccupied then there is no case to be made about hardship resulting from eviction. Quite simply you must either pay them or persuade them not to persue the action but as long as they have given you proper notice and served the correct documents on you etc etc then they have every right to do what they are doing. If you are on a low income then you may be eligible for Legal Aid in this case and I would suggest you seek advice from a Solicitor. Some Solicitors will offer free initial advice (or for a small fee such as £10 for 30 minutes). Search this site for Solicitors giving free advice on debt matters >>> www.venables.co.uk

Question: How to revoke a temporary custody order? I recently found out that I am the father of a 15 year old girl. The birth mother gave temp custody to her family voluntarily in 2001. Since I have learned of this I have been in contact with the birth mother and she wants me to have custody of the child. Can I go to the court and have this temp custody order revoked? This order was put into place in NJ. The child now lives in Florida with the people that have temp custody of her. I still live in NJ.

Answer: Talk to an attorney. But since she's fifteen & doesn't know you the odds are probably not in your favor.

Question: Interim Care Order question. Please answer if you can!!!? My son was put onto an Interim Care Order 4 weeks ago, as I was accused of hitting him. Well, they dont know wether it was me or my husband, its classed as an unexplainable injury on an under one year old (my son is going to be one next monday.) Social services are going to take us back to court next month so that they can extend the interim care order, but under what grounds can I ask for it to be revoked. Since the first court hearing last month, I have made several improvements to my home, but have not undergone any assessments as social services have not given me any details of when or where yet. I have demanded that they tell me when the assessments are but they cant tell me. They have also broken their contract by messing my contact with my son up. Do I have grounds to ask for the ICO to be revoked???

Answer: I think you would be further ahead to work with a lawyer. He/she is going to know the laws in your state and will have the knowledge and experience to answer your questions as well as the legal contacts that could help you. It isn't always fair and certainly not what most people want to do, but the families I know who have dealt with court hearings and social services have found that causing little trouble and doing what is required generally makes things go smoother and in less time.

Question: MY WIFE ASKING FOR MAINTENANCE FROM AIR FORCE AS WELL AS COURT,INSPITE OF AD-INTERIM ORDER BY COURT,WHICH I M ? FOLLOWING MY WIFE HAVE SENT A COPY OF COURT ORDER TO AIR FORCE,NOW AIR FORCE IS ASKING ME TO GIVE REMITTANCE CERTIFICATE, DU T THIS I M UNDER EXTREAME PRESSURE IN OFFICE

Answer: she is being greedy she can only get one, not two, mainly which one is higher in amount. u contact your local SIF member in your City. they will help u. for details visit: saveindianfamily.org 498A.org. Mynation.com email me for details [email protected]

Question: How can I have a temporary restraining order served on someone living in a different state? They are living in a different state but travel frequently to where I am currently living. They will soon move the city in which i am living. A temporary restraining order has been ordered, but I need to have the order served to this person in a different state so the courts can move forward with a hearing to issue a permanent restraining order.

Answer: If you DO get them served in another state, it would not be valid where you live. They would HAVE to be served in the state of the jurisdiction of the court issuing such an order.

Question: What is a Interim Order under the Crime Disorder Act 1998 ?

Answer: have you tried google forums

Question: How to find order number for a temporary restraining order in Arizona? I had a temporary restraining order against my ex in 2008 but it never became permanent. I can't find the paperwork... how do I find the case number or information about the temporary order now?

Answer: You contact the clerk at the courthouse where it was issued.