How to File a Motion in Family Court

Family court motions allow you to ask the court to do something during or after a case. They're an important part of the family court process as they address matters that cannot wait for trial. After a case ends, motions can help ensure orders are followed.

What does it mean to file a motion in family court?

Filing a motion means asking the court to take a specific action during an active case or after the final order. The motion explains what you want and why you believe you should get it, and it formally asks the court to grant you relief.

You can file a motion even if you didn't start the case. The person who files the motion is called the movant. The other person is called the nonmovant.

After filing a motion in family court, the movant must notify the other party. Only after that can they proceed to a motion hearing where a judge decides whether to grant their request.

What is a motion hearing in family court?

At a motion hearing, the judge listens to arguments for approving or denying a motion. The judge considers the contents of the motion, the nonmovant's reply and the evidence presented at the hearing. You may get the judge's ruling right after the hearing or at a later date.

If the nonmovant does not show up, the court may grant the motion by default. If the movant misses the hearing, the court will likely deny the motion.

Types of motions in family court

The following motions for relief are common in family court:

• Motion for Temporary Orders: Asks for short-term orders about timely issues (e.g., custody or child support)
• Motion for Discovery: Asks the court to compel the other side to provide documents and information needed to support a case
• Motion for a Default Judgment: Asks for a default judgment — a court decision without the respondent's input after they fail to respond to a petition
• Motion to Dismiss (more below): Asks the court to dismiss the case altogether
• Motion to Modify an Order: Asks the court to change an order
• Motion to Enforce an Order: Asks the court to make the other person follow an order

How to write a family court motion

Some courts have motion forms like the example below.

If your court does not, you must draft your own motion for relief. It's recommended that you hire a lawyer to do it for you. Legal aid services can help if you have a low or moderate income.

Motions have an introduction, body and conclusion.

• Introduction: State your argument and what you're asking for
• Body: Specify the relevant facts and the evidence you have to support them
• Conclusion: Formally ask the court to grant your motion for relief

Stick to the facts of the case and don't exaggerate your claims. Reference relevant laws and legal precedents (past decisions made by courts in your state). Attach documents (called exhibits) referred to in your motion.

Read your motion over and make edits as needed. Look for inaccuracies, misspellings, confusing language and grammatical errors. Get your motion notarized to affirm it is truthful.

Your court may also require you to prepare a Notice of Motion form to notify the other side of your motion hearing date.

Filing a motion in family court

How you file a motion in family court depends on your location. Generally, you'll file your motion for relief in the family court where the petition was filed. Call ahead to find out the filing fee, how many copies you'll need and the deadline for serving your motion.

At the courthouse, give your motion to the court clerk and pay the filing fee.

Depending on your court, you might have to choose the motion hearing date yourself. The court clerk can usually help. The nonmovant will have time to file a written response before the hearing.

Filing a Motion to Dismiss in family court

When you file a Motion to Dismiss, you're asking the court to throw out a case.

Motions to Dismiss are approved or denied based on the petition that started the case. Therefore, they're often filed by a respondent after receiving service.

In your motion, you'll need to explain why the court should grant your request. Reasons a court may dismiss a family court case include:

• The court does not have personal jurisdiction over you (i.e., the court does not have authority to make decisions about you).
• The court does not have home state jurisdiction over your child, and the child does not have a significant connection to the state.
• You weren't served properly.
• You've reached an agreement with the other person.

Regarding personal jurisdiction, in a divorce, the court only needs jurisdiction over the petitioner to grant a divorce. But the court would need jurisdiction over both spouses to make decisions about spousal support and property division.

You'll file your motion in the family court where the petition was filed.

Motions to Dismiss are often confused with Motions for Summary Judgment. Motions for Summary Judgment are filed after discovery on the ground that there are no outstanding issues to resolve at trial.

Supporting your motion with evidence

If your family court motion involves custody or parenting time, you'll need to present the best evidence for child custody cases.

Documents you might file to prove your request is in your child's best interest include:

• A proposed parenting plan
• Proposed parenting time schedules
• A calendar of your child's activities
• A printout of messages exchanged with the other parent
• A log of your child's expenses
• A parenting journal

The Custody X Change online app lets you create all of these in one place. It helps you demonstrate to the court why they should grant your motion for custody or parenting time.