Tips for the Wary
(or How to Navigate the Cooperative Parenting Pilot Project)
It is strongly recommended that the approved language be used, if there
is any variation from the language there is a risk that the pleading or
proposed order will be rejected. The following are pleadings requirements
as part of the pilot project:
- The case is started with the filing of Summons
for Request to Dissolve
Marriage (formerly Summons for Divorce). The caption for the
Summons and the Request to Dissolve Marriage must state “Request to
Dissolve Marriage”.
- After the pleadings are filed, a parenting time plan must be submitted
by both parties
as soon as possible.
-
The parenting plan can be submitted with the pleading.
- The parenting plan must be submitted within 28 days, or before any hearing.
- The participants in the action shall be referred to using the following terms: “parent”,“father”, “mother”, “husband”, and “wife”.
- The form Summons must be used.
- The Request to Dissolve Marriage (formerly Complaint) must be used.
- The Response to Dissolve Marriage (formerly the Answer to Complaint) must
be
used.
- Motions. There is no approved form, but the language of motions must use
non- adversarial language and follow the captions consistent with the approved
forms: (i.e., Summons, Request to Dissolve Marriage, Temporary Order, and Judgment).
- The Court is strongly encouraging ADR prior to filing a
Motion.
- Motion cards will still be used and there is no plan to change them at
this time.
- All temporary orders must include:
- Name(s) of child(ren) and date(s) of birth (Section 1 of
Sample Temporary Order).
- Inherent Rights of the Child(ren) language (Section
2 of Sample Temporary Order).
- A parenting time plan using the approved
form (Section 3 of Sample Temporary Order).
- Residence of the Child(ren)
language (Section 4 of Sample Temporary Order).
- A designation of custody
using the approved language (Section 5 of Sample Temporary Order).
- Financial
Responsibility language (Section 6 of Sample Temporary Order).
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