The Holidays are Not An Emergency

Family law courts can become congested this time of year. The congestion is not from the scheduled matters, which in some instances may be postponed until after January 1 by parties and attorneys to avoid conflicting holiday plans, but from unscheduled EX PARTE or emergency matters parties filed at the "last minute" with the hope of the court addressing glitches in holiday custody schedules.

When seeking emergency relief, be prepared to explain to the court why the situation was so troubling as to have the Court stop what it is doing to address your problem; and with that, why the other side should not have the right to ample time to tell their side of the story. Christmas falls the same time every year. If there is a dispute over what is going to happen on Christmas eve, you had better prepared to have things filed by Columbus Day. Court are loathe to make these kinds of decisions, and ever more troubled when the analysis takes place within a limited emergency application. It is best to limit these requests to when there is "blood on the carpet" or when there is true "irreparable" harm that might result if the Court doesn't act on an emergency basis.

Article Submitted By: Attorney Daniel Gold