CN 11523: New Jersey Emergent Application (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, these steps must be completed:

Complete the “Emergent Application” form in its entirety.

Use the “Additional Information form” to further explain why your case is an emergency.

Fill in the County, the Docket Number and the CS Number, the Plaintiff and the Defendant, then the Plaintiff email and the 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 from 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 or the plaintiff (mark one) is immediately:

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:

A complaint for support, parenting time or 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)

Enter the Date, sign, and check Plaintiff, Defendant, Plaintiff / Cross Applicant or Defendant / Cross Applicant.

Enter the Date, sign, and check Co-Plaintiff, Co-Defendant, Co-Plaintiff / Co-Cross Applicant or Co-Defendant / Co-Cross Applicant.

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.

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

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.

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.

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.