CCLCR 4.1 - Automatic Temporary Order

(c) Court’s Automatic Temporary Order. Upon the filing of a Summons and Petition Establish Residential  Schedule/Parenting Plan, the court on its own motion shall automatically issue a Temporary Order that will be served with the Summons and Petition that includes the following provisions:

(1) Except in cases to Establish a Residential Schedule/Parenting Plan the parties be restrained from transferring, removing, encumbering, concealing, damaging or in any way disposing of any property except in the usual course of business or for the necessities of life or as agreed in writing by the parties. Each party shall notify the other party of any extraordinary expenditure made after the order is issued. This order shall not preclude a party from accessing funds in a reasonable amount to retain counsel;

(2) Except in cases to Establish a Residential Schedule/Parenting Plan the parties be restrained from assigning, transferring, borrowing, lapsing, surrendering or changing entitlement of any insurance policies and retirement assets of either or both parties or of any dependent child(ren), whether medical, health, life or auto insurance, except as agreed in writing by the parties;

(3) Except in cases to Establish a Residential Schedule/Parenting Plan unless the court orders otherwise, each party shall be immediately responsible for their own future debts whether incurred by credit card, loan, security interest or mortgage, except as agreed in writing by the parties;

(4) Except in cases to Establish a Residential Schedule/Parenting Plan where no child support is requested both parties must have access to all financial records including tax, banking and credit card statements. Reasonable access to records shall not be denied without order of the court;

(5) For those actions in which children are involved:

i. Absent proof of actual or imminent or threatened physical, mental or emotional harm each parent be restrained from changing the residence the child(ren) primarily resided in prior to the filing of the Petition for Dissolution until further court order, except as agreed in writing by the parties. Subsequent orders regarding parenting issues supersede previously issued orders to the extent the orders may be inconsistent;

ii. Each parent shall have full access to the child(ren)’s educational and health care records, unless otherwise ordered by the court and this order shall act as authority for any health care or educational institution to provide such records to a parent upon request. However, if a child is age 12 or older, permission must be obtained from the child before a health care provider must provide that child’s records.

iii. Each parent shall insure that the child(ren) is(are) not exposed to negative comments about the other parent. Neither parent shall make or allow others to make negative comments about the other parent in the presence of the child(ren). Neither parent shall show the child(ren) any documents or pleadings generated by or for the court in connection with this action.

(6) The Petitioner is subject to this order from the time of the filing of the Petition. The Petitioner shall serve a copy of this order on Respondent and file proof of service. The Respondent is subject to this order from the time that it is served. This order shall remain in effect until further court order or entry of final documents.

(7) The Court’s Automatic Temporary Order will not be entered in any law enforcement database. This rule does not preclude any party from seeking any other restraining order(s) as may be authorized by law.

[Effective September 1, 2020]

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