By Brandon Delia
A ‘Motion to Show Cause’ is a legal request asking the court to require someone to explain why they did not follow a specific court order.
You can file this motion if a parent is willfully not following the enforceable terms of a shared parenting plan. The court will then decide if the parent has a good reason for not complying. The court can hold the parent in contempt of court if it cannot find a good reason, which can lead to serious consequences like expensive fines or even jail time. But these harsh punishments typically require a substantial or serious failure to act that has not been fixed or resolved in any way.
You can only use a Motion to Show Cause for specific problems in domestic relations court. For example, if a parent is not following parts of a court-ordered parenting plan, such as refusing visitation or moving out of state without notice. Another common example is not paying court-ordered child support. It can also be used if a parent is not sharing required documents or information needed before a custody hearing.
However, using a Motion to Show Cause to force the other parent to spend time with their child is generally not an appropriate request for the court. The court treats this issue differently than other domestic relations issues. Using legal penalties to force a parent to spend time with their child does not always support a healthy relationship. The court’s main concern is the best interest of the child, which includes fostering a positive and cooperative parenting environment.
Instead of filing a Motion to Show Cause, there are other ways to address parenting time issues. Mediation can help parents work out their differences with the help of a neutral third party. Reviewing and modifying the parenting plan to better meet the child’s needs and then filing an agreed judgment entry can also be a solution. Parents may also find family counseling helpful as another option to improve cooperation and communication.
Navigating these issues can be difficult on your own. If you think a Motion to Show Cause is an appropriate way to deal with the other parent’s behavior, you may find resources in your community to help. Local Domestic Relations Court resource centers can help with filing motions and understanding court processes. You can also visit Legal Aid’s Brief Advice Clinics for help. These clinics are staffed by attorneys who can answer questions and help you with documents. Find clinic dates and locations online: lasclev.org/events
This article was published in Legal Aid's newsletter, "The Alert" Volume 40, Issue 1, in Fall 2024. See full issue at this link: “The Alert”- Volume 40, Issue 1.