Motion for Temporary Order Due to Deployment

Who can ask for a temporary order due to deployment?

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.

Utah Code 78B-20-102

 

What does a temporary order due to deployment do?

A temporary order is in effect while the parent is deployed. It can include orders about:

  • Who will have caretaking authority of the children during a parent's deployment
  • Who will have decision-making authority during a parent's deployment
  • Visitation for non-parents
  • How disputes will be resolved
  • How children will have contact with deployed parents
  • Child support

 

When does the court decide?

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.

If a parent has not yet been deployed, it is possible to ask for an expedited hearing on the motion. 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.

Utah Code 78B-20-303-304

 

Military parenting plan

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. 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.

 

How long does the order last?

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.

 

Will the motion be decided by a judge or commissioner?

The procedures for a Motion for Temporary Order Due to deployment are different depending on whether it will first be considered by a court commissioner or by a judge.

In Judicial Districts 1, 2, 3, and 4, a Motion for Temporary Order Due to deployment  will first be considered by a court commissioner, and the process is governed by Rule of Civil Procedure 101.

In Judicial Districts 5, 6, 7, and 8, a Motion for Temporary Order Due to deployment  will first be considered by a judge, and the process is governed by Rule of Civil Procedure 7.

See the Motions page for information about how those processes differ.

 

Forms

Forms for Motions Decided by a Judge

Forms for the Moving Party
Required forms for the moving party
  • 1105FA
  • 1110FA
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • 1106FA
Optional Forms for the Moving Party
  • 1102FA
    (if both parties agree to the motion before it is filed)
  • 1105FA
    (if the other party agrees to the motion after it has been filed)
  • 1107FA
    (if someone other than the moving party has a statement to make)
  • 1106FA
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • 1111FA
    (if a hearing is requested)
  • 1113FA
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party
  • 1105FA
    (if the opposing party agrees to the motion after it has been filed)
  • 1003FA
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • 1111FA
    (if a hearing is requested)
  • 1110FA
    (if the other party has not filed this document)
  • 1112FA
    (if the opposing party is directed to complete the order)
  • 1113FA
    (Used to object to the proposed order)

Forms for Motions Decided by a Commissioner

Forms for the Moving Party
Required forms for the moving party
  • 1105.8FA
  • 1111FA
    (if a hearing is requested)
  • 1922FA
Optional forms for the moving party
  • 1108FA
    (to be used with exhibits, if any)
  • 1109FA
    (to be used to describe voluminous exhibits, if any)
  • 1105FA
    (if the other party agrees to the motion after it has been filed)
  • 1107FA
    (if someone other than the moving party has a statement to make)
  • 1106FA
    (if the other party has disagreed with the motion and the moving party wishes to respond)
  • 1113FA
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make in response to the moving party's motion)
  • 1108FA
    (to be used with exhibits, if any)
  • 1109FA
    (to be used to describe voluminous exhibits, if any)
  • 1105FA
    (if the other party agrees to the motion after it has been filed)
  • 1112FA
    (if the opposing party is directed to complete the order)
  • 1113FA
    (Used to object to the proposed order)