In family law cases involving minor children, a temporary order due to deployment is available if one or both parents is a uniformed service member. This includes active and reserve members of the United States armed forces and the national guard. A deployment means the servicemember is mobilized for more than 90 days but less than 18 months and is not permitted to bring family members to the deployment location.
Either parent can ask the court for temporary orders during the deployment.
An "intervenor" can also ask for a temporary order due to deployment. An intervenor is someone who asks the court for permission to participate in the case (such as a grandparent). The person asking to intervene must first file a Motion to Intervene. Intervention is governed by Utah Rule of Civil Procedure 24. The court does not have a specific form to make this request. See the Motions web page for information about motions generally, and for generic motion forms.
A temporary order is in effect while the parent is deployed. It can include orders about:
When a parent receives notice of deployment, they must give written notice to the other parent about their deployment within 7 days, or as soon as reasonably possible. If the non-deploying parent has a protective order against the deploying parent, the deploying parent will give written notice of deployment to the court. The written notice of deployment should include information about the destination, duration, and conditions of their deployment.
Why the Notice Matters: The required notice tells the non-deploying parent that they must file their motion before the service member departs.
If a motion for a temporary order is filed before the service member is deployed, the court shall conduct an expedited hearing. This hearing can help ensure that final orders are in place before the parent leaves If a party or witness is unable to appear at a hearing personally, they can ask to appear by phone or video. See the Motion to Appear Remotely web page for more information.
If there is a military parenting plan in place, the court will issue a temporary order consistent with the military parenting plan unless it is not in the best interest of the children.
Utah law says that parents where at least one is a service member should try to make a temporary agreement about the kids' care before they get their notice to deploy. The court really wants parents to use a voluntary Military Parenting Plan to work out any problems early.
This plan makes it clear who will take care of the kids and who will make important decisions while the parent is away. It also sets up a way to solve any arguments that might happen later.
The temporary order due to military deployment ends 30 days after the deployed parent gives notice of return from deployment, unless another time is specified in the order.
Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion.
If you already know, scroll down to read about How to File a Motion Decided by a Judge or How to File a Motion Decided by a Commissioner. If you aren't sure, look at the caption of the complaint or petition. You can also answer the questions below.
Yes
If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question.
No
Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
Yes
If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, then it will be decided by a Commissioner. Scroll down to How to File a Motion Decided by a Commissioner.
No
If your case was filed in another judicial district, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
I don't know
If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, find out by contacting your court.
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
Aftere you fill out the motion, be sure to also fill out a Notice of Hearing. You can try contacting the court to get help scheduling your hearing and filling out the Notice of Hearing.
File both the motion and the Notice of Hearing with the court.
If you do not file a Notice of Hearing, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and attend the hearing
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information.
If you need help with the order, read about orders below.
The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | Serve at least 28 days before the hearing |
| Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Reply Memorandum Supporting the Motion | Moving party | At least 7 days before the hearing |
| Counter Motion Documents | Who Files | Time to File and Serve |
| Counter Motion (must be served with Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Memorandum Opposing the Counter Motion | Original moving party | At least 7 days before the hearing |
| Reply Memorandum Supporting the Counter Motion | Responding party | At least 3 business days before the hearing |
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
File your motion with the court.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
Whatever happens, make sure that you file a Request to Submit for Decision and a proposed order. The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion. Choose the right forms for your situation from the forms section below.
The court might schedule a hearing. If they do, be sure to attend. See our page on Going to Court for more information.
The chart below has more information when papers should be filed.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | |
| Memorandum Opposing the Motion | Responding party | Within 14 days after the the moving party files and serves the motion |
| Reply Memorandum Supporting Motion | Moving party | Within 7 days after the responding party files and serves the Memorandum Opposing the Motion |
| Request to Submit for Decision | Moving party | After the last document in this list is filed, or sooner if the responding party does not file a Memorandum Opposing the Motion. No earlier than 14 days after filing and serving the motion |
