Temporary Restriction

Process Overview

Note - Only use this process if the child is in danger when with the other parent.

1.  Background

What does this case do?

• Restricts a parent's time with a child.
• Temporarily changes the parenting plan during this emergency.

When can I file?

The other parent endangers:

• Child's emotional wellness.  Or,
• Child's physical wellness.

You must provide specific examples in your motion/affidavit.

2.  Forms

All Court Forms

Individual Forms

• JDF 1406 - Motion to Restrict Parenting Time
• JDF 1415 - Supporting Affidavit
• JDF 1424 - Order Re: Modification/Restriction of Parenting Time
• JDF 1315 - Response

3.  Hearing

The Court may deny the motion or hold a hearing.

• The court will hold an emergency hearing within 14 days.
• The other parent's response is due by the hearing date.

4.  Decision

If the court grants the motion: 

• It will set the conditions for returning back to the normal parenting plan.
• It may hold status conferences to track the restricted parent's progress.

After the Final Decision

Learn how and when you can:

Enforce

• Get the other spouse to follow the Final Decision.

Modify

• Change the Final Decision.

Appeal

• Have a higher court review the Final Decision.