MOTION TO ENFORCE PHYSICAL  PLACEMENT GUIDE

You may use this packet if you believe that the other parent has denied you physical placement (visitation) that has been court ordered.  This packet is used only to enforce the current physical placement order and ensures that you will get into court within 30 days.  If you would like to modify the court ordered legal custody or physical placement schedule that is current in place, you may do so by using the Modification Packet Available.

You are encouraged to seek legal assistance to verify that these forms are the most appropriate for your situation, as the Family Division staff cannot give legal advice.

PROCEDURAL CHECKLIST

GETTING A COURT DATE:

1. Complete the Notice of Hearing and Motion to Enforce Physical Placement Order (FA-609).
2. Attach a copy of your current physical placement (visitation) order AND you are encouraged by the court to attach any additional information to supplement your request on the Petition.
3. Come to the Family Division between 8:30 am and 4:00 pm, Monday through Friday, to have your form reviewed for completeness.
4. Make three (3) additional copies (4 if the State is a party).  You can make your own copies in the Family Division for $.25 per page on the coin-operated copier.  Please bring cash as it accepts $1, $5, $10 bills and coins only.
5. Go to the customer service window of the Family Division Office.  The clerk will:

• Collect the original form, and copies
• Assign you a court date.
• Return the appropriate number of copies to you.

    6.  Give the other party notice of the hearing by having him/her served with the Notice of Hearing and Motion to Enforce Physical Placement Order.  See the Service Packet for options and procedural instructions.

DEADLINE:  The other party(s) must be personally served with the forms no later than five (5) business days before the date of the hearing.

    7.  Make a copy of the proof of service (Affidavit of Service or Admission of Service) for your records and bring the original to court on the date of the hearing.

WARNING:  Without proof of service, the court cannot proceed with the hearing.  NOTE:  If, for any reason, you need to cancel or postpone your court hearing, you may complete a Request to Reschedule form and follow the accompanying procedural guide.

   8.  Take the following items with you to court.

• Original proof of service
• Any other documents you think may help you make your case to the court along with copies for each party
• If you wish to have other people testify for you, make sure they come to court in person.  A letter from them is not acceptable. (CONTACT ASSIGNED COURT OFFICIAL FOR VERIFICATION OF WHAT THIS HEARING IS SCHEDULED FOR)

   9.  Go to the correct courtroom at least 20 minutes before your assigned court time and let the bailiff or court clerk know that you have arrived (you may sit in the hall or in the courtroom).

   10. When you case is called, present your case to the Judge:

• Be prepared to state your side of each issue clearly and completely
• Be prepared to answer questions that may be asked of you by the Court or others
• If you wish to offer written evidence or documents to the court, give the original to the court and a copy to the other side
• While you are in court, use the forms you prepared as an outline to remind you of each issue you want to talk about

   11.  The Judge will state his/her decisions/rulings to you.  Take notes because you must be able to write the ruling on a specific form called the ORDER TO ENFORCE PHYSICAL PLACEMENT ORDER (FA-611).  The court may also set another hearing for the parties to return to court

AFTER COURT

1. After your court hearing, complete the Order to Enforce Physical Placement Order (FA-611)
2. Complete the Five-Day Rule cover letter
3. Come to the Family Division office between 8:30 am and 4:00 pm, Monday through Friday, to have your forms reviewed for completeness.
4. Make four (4) additional copies (5 if the State is a party) of the completed Order to Enforce Physical Placement
5. Make two (2) additional copies (3 if the State is a party) of the Five-Day Rule cover letter
6. Before filing, send one copy of the Order to Enforce Physical Placement Order and Five-Day Rule cover letter to the other party(s)
7. File the original Order to Enforce Physical Placement Order, the remaining three copies of the Order, a copy of the cover letter, and two self-addressed stamped envelopes (one addressed to you, one addressed to the other party) in the Family Court Office in person or by mail
8. The court will hold the Decision and Order for five (5) days to give the other party(s) time to review the order and object to how accurately it has been completed.  If there are no objections within five days and the court agrees with how you have written the Order, the assigned court official will approve and send each party a signed copy.
9. If the other party is found by the court to be in contempt of court, he/she may be given remedial sanctions or consequences for not complying with the original court order/judgment.  He/she may also be given a certain amount of time to comply with specific actions to stop the contempt (also known as purge terms).  The court official will give you instructions as to how to proceed from the date of the hearing.  If the court does not give instructions, and the other party has not complied with the purge terms, you may write a letter to the court official explaining that the other party has not complied with the order and request action from the court.  You must also send a copy of this letter to the other party(s).