What is a Motion for Pre-Decree Temporary Orders With Children?


Sample of a Motion for Pre-Decree Temporary Orders With Children document created with Access Legal

Use this document to request that the court issue a temporary order about one or more of the following:

      • Legal Decision Making (Custody)
      • Parenting Time, Child Support
      • Spousal Maintenance
      • Exclusive Use of Property
      • Payment of Debts
      • Sale of a Marital Home or other piece of Community Property
      • Attorney Fees
      • Any other issue you would like to be determined prior to the final disposition

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If you don’t have children, you need a Motion for Pre-Decree Temporary Orders Without Children.

What I Should Know

You will need to be specific about why a temporary order is necessary. The order will be in effect until the final decree. You may file a motion for temporary orders even if you are not the Petitioner and even if it has been months since the filing of the original Petition and Response. Sign up for a free Access Legal account to create your petition for dissolution or motion for temporary orders document today.

Related Legal Documents

Either party can file a “Motion for Temporary Orders” while waiting for a final court order, as long as one of the following has already been filed (or is being filed at the same time):

      • Petition for Divorce, Legal Separation or Annulment
      • Petition to Establish Legal Decision Making, Parenting Time, and/or Support
      • Petition for Modification of Parenting Time, Spousal Maintenance or Child Support
      • Petition for Enforcement of an existing decree

If you are married, and your spouse is keeping the kids from you and threatening to run away to Mexico, you cannot get a court order preventing him or her from doing so if there is not already a pending Petition for Dissolution. The court simply doesn’t have the jurisdiction to enter orders regarding how a married couple parents their children.

You must also submit these documents with your Motion for Temporary Orders:

      • Order to Appear
      • Family Court Department Notices

The above are documents you must submit with your Motion for Temporary Orders. The Order to Appear is a form you will provide to the Court so that it can notify you more easily about the hearing for your Motion. The Family Court Department Notices contain important information for both parties regarding the hearing.

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