ORDER TO SHOW CAUSE ("O.S.C")

An Order to Show Cause is a request submitted to the Court by a party to establish or change orders relating to child and spousal support; visitation and custody of the children; and other issues such as requesting attorney's fees.

If the Order to Show Cause is submitted to the Court to establish or modify children's custody or visitation, the Court usually demands both parties to submit to mediation before the OSC is heard by the Court. Some California Courts specifies the date of mediation, others you have to call in and obtain an appointment with the conciliation court.

If you file an Order to Show Cause you must attach to it Application for Order and Supporting Declaration. If temporary orders are requested pending the full hearing on the O.S.C., then Temporary Order form must be attached to the O.S.C. Typically an Income and Expense Declaration is required if your Order to Show Cause asks the Court to make determination on monetary issues.

The Order to Show Cause form has area to fill in the date and place of the hearing and the request for temporary orders while the case is pending. If the Order to Show Cause papers are filed at the same time as the Petition, this hearing is usually held within three to four weeks after the petition and summons are filed.

You can establish or modify the following orders by means of an O.S.C.:

- Child Custody
- Child Visitation;
- Child Support;
- Spousal support;
- Attorney's fees, expert's fees and Court costs;
- Injunctive orders;
- Others (which could be jurisdictional dispute, Ex Parte application, dwelling exclusion, etc.)

Orders made by the Court pursuant to an Order to Show Cause are temporary, which means that the orders remain valid only until another modification is filed, at the time of the trial or the Judgment of the Dissolution is filed.