How to get a Temporary Order

Motion for Temporary Order

A temporary order governs child custody, parent time and support, alimony, property distribution, attorney fees and other matters during a divorce or custody case. The parties must follow the temporary order until it is changed or until final judgment in the case.

A Motion for Temporary Order may be filed with or after the petition for divorce or the petition to for custody. A Motion for Temporary Order cannot be filed if no petition for divorce or petition to for custody has also been filed. 

A Motion for Temporary Order may also be filed with or after a petition to modify a divorce or custody decree. Rule of Civil Procedure 106 states that the court may order a temporary modification of child support as part of a temporary modification of custody or parent time. Also, the court may order a temporary modification of custody or parent time to address immediate and irreparable harm or to confirm changes made by the parties, provided that the modification serves the best interests of the child.

Class Requirement in Divorce and Temporary Separation Cases

If you are asking for a temporary order in a:

The class requirement does not apply to a motion for a temporary restraining order under Utah Rule of Civil Procedure 65A.

A temporary order is not automatic. You must give the court good reasons for granting your request. If you want the temporary order to govern joint legal or physical custody, you must include a Parenting Plan. If you want the temporary order to govern any financial payments, such as alimony, child support or attorney fees, you must include a Financial Declaration and the appropriate Child Support Worksheets. For more information and forms see our pages on Financial Declarations, Parenting Plans, and Child Support.

 

Responding to a Motion for Temporary Order

Opposing the other party's Motion for a Temporary Order is not the same as asking for a Temporary Order yourself. If you want the court to order child custody, parent-time, child support, child care expenses, health insurance, alimony, attorney fees, payment of bills and debts, or possession of property, and the other party has not raised the issue in his or her Motion for Temporary Order, you must file a Motion asking for these things.

Decide whether you agree with the motion filed by the other party. If you agree with the motion, work with the other party to complete and file a Stipulation. If you decide that you oppose the motion (or some part of it) complete and file a Statement Opposing the Motion and its supporting documents.

You may need to file other documents in addition to the Statement Opposing Motion for Temporary Order. If the Motion for Temporary Order, or your own motion, includes:

  • a request for temporary child support or temporary alimony, you must also file a  Financial Declaration.
  • a request for a shared parenting arrangement, you must also file a  Parenting Plan. Any arrangement other than full legal and physical custody held by one parent is a shared parenting arrangement.
  • a request for child support, you must also file the appropriate child support worksheet.

 

Procedures

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

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

Attend any hearing scheduled on the Motion for Temporary Order. Usually, the court will ask the moving party to write an order based on what the court determined at the hearing. Rule of Civil Procedure 7 states that the proposed order must be served on the opposing party within 14 days of the hearing and filed with the court.

The opposing party has 7 days from the date of service to file an objection as to form of the order. This is an objection to the way the other party wrote the proposed order and not an objection to what the court ordered. If no objections as to form of order are made, the court will review and sign the proposed order if it accurately states what the court determined at the hearing.

 

Forms

Information about filing documents in existing cases by email

Forms for Motion for Temporary Order Decided by a Commissioner
(Judicial Districts 1 through 4)

Required forms for the moving party
  • Motion:
    • 1101.8FA
    • 1102.8FA
  • 1111FA
  • Order:
    • 1103FA
    • 1924FA
Optional forms for the moving party
Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party

Forms for Motion for Temporary Order Decided by a Judge
(Judicial Districts 5 through 8)

Required forms for the moving party
  • Motion:
    • 1926FA
    • 1925FA
  • 1110FA
  • Order:
    • 1103FA
    • 1924FA
Optional forms for the moving party
Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party

 

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