Emergent Hearing Form PDF Details

In urgent situations where the health, safety, or welfare of a child is at immediate risk, the court can be petitioned for an Emergent Hearing through what is known as an Order to Show Cause. This legal tool is critical in situations requiring swift action to prevent irreparable harm to a child, such as emergency custody situations, the unauthorized relocation of a child, or the termination of visitation rights. Unlike other legal proceedings that may follow a more prolonged timeline, an Emergent Hearing seeks immediate court intervention. The process for applying for such a hearing varies slightly depending on whether the case is a new filing or seeks to reopen an existing case, with specific forms designated for each scenario. Critical to the application is a detailed explanation of the emergent nature of the case, supported by any relevant information that underscores the urgency and necessity for immediate court attention. This procedure, underscored by the Superior Court of New Jersey's directive, serves as a testament to the legal system's capacity to respond promptly in protecting children's welfare.

QuestionAnswer
Form NameEmergent Hearing Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namesemergent order show online, nj 11488, new jersey emergent hearing, new jersey form emergent

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Emergent Hearing

(Order to Show Cause)

Orders to Show Cause are generally used to avert or prevent irreparable harm to a child or to protect their health, safety, and welfare. Prevention of harm is the reason to seek emergent remedy with the court. The court, in its discretion, may issue an emergency order. Only a judge can determine if an emergency hearing is necessary.

Examples of issues that may be raised in an Order to Show Cause are: emergency custody, termination of visitation or temporary prevention of relocation of a child outside New Jersey boundaries. Non- payment of spousal support, if a family is facing immediate eviction, may be an issue for an Order to Show Cause. Non-payment of child support is NOT an issue for an Order to Show Cause.

If you wish to apply for an emergency hearing the following steps must be completed:

New Cases

1.If this is your first filing of an FD case (no previous FD docket # concerning the same people), complete the “Initial Application/Cross Application” and all forms required for a new case.

2.If you are filing a new complaint for divorce (FM), then you will need to complete the Emergent Application and the Order to Show Cause forms.

3.Check “other Relief” and write that you are requesting an emergency hearing.

4.Complete the “Emergent Application” form in its entirety. Use the “Additional Information form” to further explain why your case is an emergency. Sign and date both forms.

Reopen Cases

5.If you already have a FD docket # involving the same people, complete the “Application/Cross

Application to Modify a Court Order” form and all accompanying forms required to reopen your case. On the “Application to Modify a Court Order”, check number 6, “The relief I am seeking is not listed above”. Check “I am seeking the following from the court”. Write that you are requesting an emergent hearing.

6.If you already have a FM or FV docket # involving the same people, complete both the Emergent Application and the Order to Show Cause forms.

7.Complete the “Emergent Application” form in its entirety. Use the “Additional Information form” to further explain why your case is an emergency. Sign and date both forms.

Promulgated via Directive #09-20 (03/16/2020), CN 11523 (Emergent Application Order to Show Cause)

page 1 of 3

 

Superior Court of New Jersey

 

Chancery Division - Family Part

 

County:

 

Plaintiff

Docket Number: F -

 

vs.

CS Number:

 

Civil Action

Defendant

Emergent Application

(Order to Show Cause)

Plaintiff email:

Defendant email:

Attach to All Applications When Filing for an Order to Show Cause:

This application is an emergency, which cannot be handled through the normal court procedures because:

Threats have been made to remove the child(ren) from the State of New Jersey which would violate the NJ Anti-removal statute, N.J.S.A. 9:2-2.

Without my consent or approval, the child(ren) were removed/abducted on the State of New Jersey in violation of my parental rights and New Jersey law.

The child(ren) were not returned after a parenting time period.

The child(ren) will suffer substantial and irreparable harm unless the

defendant

immediately:

 

from

plaintiff is

Restrained from taking the child(ren) from my custody and removing them from their current home in New Jersey.

Required to return the child(ren) to me.

Other. Explain.

Other Information required for Emergent Application.

There is no other person who is a party to this matter that has physical custody of the child(ren) or claims to have custody or parenting time rights.

Other person(s) who is/are party/parties in this matter having physical custody of the child(ren) or claiming to have custody or parenting time rights include:

Names and Addresses:

Promulgated via Directive #09-20 (03/16/2020), CN 11523 (Emergent Application Order to Show Cause)

page 2 of 3

A complaint for support parenting time custody has been filed on this date simultaneously with this emergent application since there is no existing court order involving the plaintiff, the defendant and the status of the child(ren) in this State or any other jurisdiction.

If my request is not granted, I believe that I and/or the child(ren) will suffer immediate and irreparable harm (damage that cannot be corrected, compensated or undone) as follows:

I/We certify that all the statements made above are true. I am aware that if any of the statements made

by me/us are willfully false, I/we am subject to punishment.

Date

 

Signature

 

 

 

Plaintiff

Defendant

 

 

Plaintiff / Cross Applicant

Defendant / Cross Applicant

 

 

 

 

Date

 

Signature

 

 

 

Co-Plaintiff

Co-Defendant

 

 

Co-Plaintiff / Co-Cross Applicant

Co-Defendant / Co-Cross Applicant

Promulgated via Directive #09-20 (03/16/2020), CN 11523 (Emergent Application Order to Show Cause)

page 3 of 3

To be used in conjunction with CN 11488 (Verified Complaint or Counterclaim - Non-Dissolution Docket)

 

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1. Before anything else, once completing the nj 11488 form, begin with the section that contains the subsequent blank fields:

Completing section 1 of emergent hearing

2. Once your current task is complete, take the next step – fill out all of these fields - The children were not returned, The children will suffer, defendant, plaintiff is, immediately, Restrained from taking the, home in New Jersey, Required to return the children, Other Explain, Other Information required for, There is no other person who is a, have custody or parenting time, Other persons who isare, and have custody or parenting time with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

Filling in part 2 of emergent hearing

Be very attentive while filling in plaintiff is and defendant, since this is where many people make some mistakes.

3. The following segment will be about Names and Addresses, Promulgated via Directive CN, and page of - fill out every one of these empty form fields.

Ways to complete emergent hearing portion 3

4. This next section requires some additional information. Ensure you complete all the necessary fields - A complaint for support, with this emergent application, If my request is not granted I, IWe certify that all the, by meus are willfully false Iwe am, Date, Date, Signature Plaintiff Plaintiff, Defendant Defendant Cross, Signature CoPlaintiff, and CoDefendant - to proceed further in your process!

Signature  CoPlaintiff, Date, and CoDefendant of emergent hearing

5. And finally, the following final segment is precisely what you should wrap up prior to submitting the PDF. The blank fields in question are the next: Signature CoPlaintiff, and CoDefendant.

emergent hearing conclusion process explained (part 5)

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