Legal Question in Family Law in New Jersey

Order to Show Cause - Denied!

I recently filed an Order to Show Cause to allow me (the father) overnight visitation for my children (ages 2 & 5). The Court denied my application stating "the Court is not persuaded that the requisite showing of irreparable harm has been made. Defendant has not been denied contact with his children; rather, he alleges that he has been unable to exercise overnights with them. That is insufficient to support the requested relief". Can anyone tell me what this means and/or what I need to do next? Do I have to cite case law or what type of examples? Perhaps I can call the Judges Law Clerk to explain how to remedy this? I've discharged my attorney and will be handling this pro se!


Asked on 7/22/09, 7:18 pm

1 Answer from Attorneys
Philip Burnham, Esquire Burnham Law Group, LLC.

You need to file a motion to enforce your parenting time. What the Court is saying is that you motion does not meet the requirements of the Court decisions to file it on an emergent basis. This does not mean you cannot file a motion. File the motion under the normal 24 days notice and they will review your motion.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/27/09, 8:31 pm


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