What is a Temporary Order in a Child Custody Case
My question involves a child custody case from the State of: NH
First, what exactly is the definition of a "Temporary Order" in relation to physical custody/parenting plans in NH? Can there be a grey area in determining if an order is temporary or final?
Second what does "For such other relief as may be just and proper" mean when included in an answer to a petition?
Thank you.
Re: Meaning of Legal Terms
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Heartsick123
First, what exactly is the definition of a "Temporary Order" in relation to physical custody/parenting plans in NH?.
A temporary order is one the court will order on application of a plaintiff, usually based on an affidavit, before the court has heard all the facts and testimony in the case. It can be for a definite period of time or until the court makes a final order.
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Heartsick123
Can there be a grey area in determining if an order is temporary or final?.
What do you mean gray area? A temporary order will stay in effect until there is a final order or the order is for a specific time or a specific condition is satisfied. The order would normally say it is temporary or final. If it doesn't say temporary, it is usually a final order.
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Heartsick123
Second what does "For such other relief as may be just and proper" mean when included in an answer to a petition? .
That phrase in a pledging gives the court the latitude to grant relief that it may think is fair and equitable that is not specifically asked for.
Re: Meaning of Legal Terms
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budwad
A temporary order is one the court will order on application of a plaintiff, usually based on an affidavit, before the court has heard all the facts and testimony in the case. It can be for a definite period of time or until the court makes a final order.
While an ex parte order is almost certainly going to be a temporary order, in family law cases most temporary orders are issued after a hearing in which both parties participate. The order is temporary in the sense that it only applies until such time as the court modifies the order, or issues a final order in the custody case.