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Chapter 4

Form 4-5

Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion to Modify Temporary Orders

This Motion to Modify Temporary Orders is brought by [name of movant], [party designation], who shows in support:

Select as applicable.

1.[Petitioner/Respondent] was appointed Temporary Sole Managing Conservator of the child[ren] in Temporary Orders dated [date]. Since entry of the Temporary Orders, the fol­lowing events have occurred, which show that the previous order of the Court should be mod­ified and [Respondent/Petitioner] should now be appointed Temporary Managing Conservator: [state specific reasons that the modification is necessary for the safety and wel­fare of the child[ren]].

And/Or

2.Since entry of the Temporary Orders, financial circumstances have materially changed, which change requires the modification of the Temporary Orders. [Name of movant] requests that the support provided in the Temporary Orders be [increased/decreased/terminated] for the following reasons: [state specific reasons that the modification is neces­sary for the preservation of the property and protection of the parties].

And/Or

3.Since entry of the Temporary Orders, [name of movant] has been informed that [he/she] is being ordered to [military deployment/military mobilization/temporary military duty] that involves moving a substantial distance from [his/her] residence. [Name of movant] requests that the Court modify its prior temporary order to grant [name of designated person] rights of access to the child[ren] during [name of movant]’s period of [military deployment/military mobilization/temporary military duty].

And/Or

4.To preserve and manage the assets of the parties, certain business transactions must be conducted that, if performed without court authority, may violate the Temporary Orders of this Court. [Name of movant] requests the Court to modify its Temporary Orders as follows: [state specific reasons that the modification is necessary for the preservation of the property of the parties].

And/Or

5.The present orders relating to possession of and access to the child[ren] have become unworkable and are no longer in the best interest of the child[ren] because: [state spe­cific reasons that the modification is necessary for the safety and welfare of the child[ren]]. [Name of movant] requests the following orders for possession of and access to the child[ren]: [outline specific periods of visitation and access requested].

Continue with the following.

[Name of movant] prays that the Court grant the Motion to Modify Temporary Orders.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

For certificate of service, see form 21-11.