This article focuses on temporary orders in a Dissolution or Parenting Plan case in Montana. You will learn:
- How to ask the Court to make a decision or take action.
- Common types of Court Orders during a Dissolution or Parenting Plan case.
- What you can do if the other party won’t follow a Court Order.
What if the other parent has hurt me or the children?
There are a few important things to know if you are leaving a violent or abusive relationship. The end of a violent relationship is sometimes the most dangerous point for the victim and children. There may be free legal and non-legal help for people leaving a domestic violence relationship. It is a good idea to come up with a safety plan. You may also want to look into getting an Order of Protection. It is important to know that the Court may base some of its decisions on safety concerns for the parents and/or children.
Summary
Montana Courts will often issue Temporary Orders during a Dissolution or Parenting Plan case. The legal term for a divorce in Montana is a “Dissolution of Marriage.” We’ll use Dissolution to keep it simple.
A temporary order will often lay out specific things that one or more parties must do during the case. For example, a temporary order might tell a parent they must go to parenting classes or get counseling. A temporary order ends when a final order takes over or the legal case ends. You must follow all temporary orders until the Court says something different.
When the legal case ends, the Judge will issue Final Orders. For example, after a parenting case, the Court will issue a Final Parenting Plan. At the end of a Dissolution, the Court will issue a Final Decree of Dissolution. You must follow final orders after the case, and until the Court says something different.
The Judge may give you verbal orders during a hearing. You must follow those. A Judge may also issue written orders throughout the case. You’ll need to follow those as well. The Clerk of Court will mail you the Judge’s written orders at the address they have on file for you. Make sure your address is updated with the Court. If you are concerned about your safety with the other side knowing your address, notify the Court. You can ask the Clerk of Court about their process for keeping your address safe.
If you are confused about what exactly the Judge has ordered during a hearing, it is a good idea to ask for clarification. If you are having a hard time understanding a Judge’s written orders, you’ll want to have a lawyer look them over.
Asking the Court to Make a Decision or Take Action
During a Dissolution or Parenting Plan case, either party may file a Motion to ask the Court to make a decision or take some action. Either parent may file a Motion to ask the Court to issue certain Orders during a Parenting Plan Proceeding.
Usually, you include an Affidavit and a Brief in Support of your Motion. The Brief is where you make a legal argument on why you are asking the Court to issue a certain Order. You must base your legal argument on what the law says and the facts of your case. As an example, a Brief might say, “The Petitioner and Respondent cannot agree on regular parenting times. It is in the best interest of the child that the Court order my Interim Parenting Plan and here are the reasons why…”
The Brief will talk about facts in the Affidavit. An Affidavit is a sworn statement only about facts. You do not make an argument in an Affidavit. An Affidavit will have statements like, “I asked to have parenting time on week days. The Respondent said I could only have parenting time every other weekend.”
Figuring out what words to put in your Motion can be hard. A lawyer can help you decide what information to put in your Motion, Brief, and Affidavit. You will need to file your Motion with the Clerk of District Court in the courthouse where your case is filed. You must serve the other party with whatever you file. You can find a blank Motion Packet on this website.
When the Other Parent Doesn’t Agree
If the other parent does not agree with the Motion, they may file a Response to Motion to explain why they disagree with the Motion. In general, after a party files a Motion, the Court will schedule a hearing to hear from both parents. The Hearing will usually only be about what the parties wrote in their Motion and Response. After the Hearing, the Judge will make a decision on the Motion.
