In all Superior Courts in New Jersey, including Hudson County Family Court, a party can bring an order to show cause (OTSC) in different divisions of the court including: family law. An OTSC is essentially an emergency or emergent hearing that seeks to bypass the usual motion cycle to address pressing issues. The OTSC can be about a parent not returning a child after parenting time, it could be about a child in danger, a parent trying to take a child out of the country without the other parent’s consent, a spouse spending or selling all of the marital assets without a court order or after a separation has occurred. The list goes on and on, however just because someone brings an OTSC does not mean a Judge will grant any of the relief sought. The law on granting “instant” relief is narrow and you or your attorney must know how to present the issues before the Judge who is assigned to the matter or you risk spending considerable time and money without obtaining the result you seek. The Judge may find that it is not emergent or may find it totally without merit. A person can bring an OTSC and it can be heard on the same day it is brought before the Court.
In some recent cases that we brought Order to Show Causes in Family Court we handled, we:
- Our client obtained custody of a child that was in a dangerous home (drug use environment)
- Obtained an order Freezing over $500,000 in assets that a spouse began to spend soon after he filed for divorce
- Received an order suspending parenting time with a parent who was neglecting their minor child
- Obtained an immediate parenting time order after the custodial parent refused to permit court ordered visitations
- An Order releasing funds to a dependent spouse who’s husband left without leaving any money in the marital bank account and ordering immediate support
An order to show cause should only be brought in circumstances that require immediate attention. Each case is fact sensitive and an attorney needs all the details to determine if it is wise to prepare and argue one. If you feel you have a situation that may call for an OTSC or must respond to one, contact us immediately on 201-706-7910.
Artusa Law Firm, P.C.
35 Journal Square, Suite 531
Jersey City, NJ 07306