What's the difference between order to show cause and notice of motion?

Question

I am trying to file to request a modification in visitation orders. What's the difference between these forms? Which one do i need to file?

Answer 1

you need to fill out the notice of motion. The order to show cause, basically states that a party in a civil matter needs to appear at this time and date (this is used when you have only one day off or whatever and you give this to the court so they can set the court at this date). The notice of motion is stating that you are filing for a motion to have the court do something or change something. (for example, you can file a motion of appeal, motion of discovery {they must give a list of all evidence they have against you}, or in your case the motion to change parental visitation).

Answer 2

you will usually use an "order to appear and show cause for....." when you want to make sure the respondent/defendant appears at the hearing on the motion you are making.  they are usually served on a defendant when you are filing a motion to hold the defendant in contempt of court for failure to follow a court order. the defendant must be present in the courtroom to be held in contempt of court for failure to follow a court order. additionally, you will want his/her presence in court if the court finds that the person is indeed in contempt of court and decides that the best remedy for this offense is to put the defendant in jail.  the order to show cause must state the date and time of the hearing. it usually reads something like, "the defendant x is ordered to appear in x courtroom, court address, on the x date and show cause why he should not be held in contempt of court for failure.....to follow x order."  show cause orders usually must follow very stringent rules,depending on law of your state, since an arrest warrant may issue if a defendant properly served with a legally sufficient show cause order fails to appear on the date and place of the order.  the judge must sign the show cause order which must then be served on the defendant along with your motion.  i am thinking your "notice of motion" form is actually a notice of hearing as to when and where your motion to modify visitation will be heard. without knowing more details, such as your state, court rules, etc., i am not certain what you have and will have to guess.  it sounds like your court or state--whatever -- has set forth a process and furnished forms so that an individual can file legal actions (modifications, enforcement, etc in domestic relations cases involving children. if this is what is happening in your situation, please edit your question to provide info.  also helpful would be more info on the "notice of motion"form since i can think of two different purposes for a form entitled in that manner.  

Answer 3

A Notice of Motion is just that, it is a notice that tells the opposing party that a motion has been filed.  An order to show cause is issued by the court requiring that a party show cause as to why the court should not take a particular action.

So, you need to file a MOTION for modification of the visitation order and you may need to file the Notice of Motion and serve it on the opposing party.  In some courts serving the motion itself is sufficient notice.  You may want to call the court and ask if you need to do the notice of motion in addition to the motion.

The court may then issue an order for the opposing party to show cause why it should not modify the visitation order.  Or it may just schedule a hearing.