What are temporary orders?
At the time a petition is filed, the person filing the petition can request that various orders be issued by the court. These are called “temporary orders” and they govern the relations between the parties from the time they are entered until the decree is issued. If temporary orders are not obtained at the time of the filing of the petition, it is most likely that a motion and hearing will need to be scheduled in order for the court to issue such orders.
There are many different orders that may be issued on a temporary basis in appropriate cases, including:
– orders restraining either party from bothering or harassing the other;
– orders restraining either party from canceling or modifying any insurance policies (including life, health, and automobile liability) or from changing the beneficiaries of those policies;
– orders for temporary spousal support;
– orders granting temporary residential custody of and parenting time with children;
– orders for temporary child support;
– orders granting temporary possession of the marital residence to one party.
If you are seeking temporary support for a minor children, a document called a “Domestic Relations Affidavit” will have to be completed by you and filed with the court. This Affidavit contains information about the occupation of the parties, the parties’ incomes, the number of children each of the parties has and the ages of those children, the monthly estimated expenses and debts and the amount of support requested to meet those needs.
If you are seeking a temporary order for child custody, residency, or parenting time, Kansas law requires that a “parenting plan” be filed at the same time the request is made. This parenting plan must be served on the other parent at the same time the temporary orders are served. If the other parent disputes the parenting plan provisions proposed, that parent must file an alternative parenting plan if any modification of the original orders are requested.
If an initial decree has already been entered, the Court may or may not enter Temporary Orders, depending on the need shown and the danger to the child, if any, shown by appropriate filings. If post-decree orders for a change of child custody, residency, or parenting time are sought, the parent seeking the change must give notice to the attorney who represents the other parent, if that other parent is represented.