You and your co-parent are at an impasse on an issue pertaining to your child, and you realize you need the Court’s assistance. In New Jersey, litigants can request various reliefs through the family court by engaging in what is called motion practice.

Motion practice allows a litigant to formally request the Court enter an Order providing relief for issues they have been unable to resolve amicably with their partner/spouse/co-parent, which can include but not be limited to, custody, parenting time, and child support. If you are in the middle of divorce proceedings, motion practice can be utilized to obtain interim relief pending a final resolution of your divorce matter.

If you are already divorced but need to enforce or potentially modify previously agreed upon terms, motion practice can be utilized to require a party’s compliance with a prior Agreement and/or to change terms.  

Generally, motion practice consists of three separate pleadings:

1. Notice of Motion;

2. Notice of Cross-Motion; and

3. Reply Certification.

A Notice of Motion consists of a Notice setting forth the relief the party is seeking from the Court and a Certification of the party setting forth relevant background information and a basis for why they are asking for the relief in their Notice of Motion. The party who did not file the Notice of Motion can file a Notice of Cross-Motion where they can set forth the relief they are seeking from the Court. The relief in a Notice of Cross-Motion can be limited to the same issues raised in the other party’s Notice of Motion, but it can also include new issues. The party can also file a Certification to support their Notice of Cross-Motion, which includes relevant background information, their response to the relief sought in the Notice of Motion, and the basis for the relief they are seeking in their Notice of Cross-Motion. The party who filed the initial Notice of Motion then can file a Reply Certification where they can respond to the relief and representations made in the Notice of Cross-Motion. 

Once the above pleadings have been filed with the Court, the parties will appear before the judge assigned to their matter for a motion hearing. Prior to the motion hearing, the Court will have reviewed the above pleadings. The purpose of the motion hearing is to allow both parties to orally argue the issues set forth in their respective Motion and Cross-Motion, and to verbally respond to any questions or concerns the Court may have based upon its review of the pleadings. After oral argument, the Court will enter an Order with its decision on the issues set forth in the Notice of Motion and Notice of Cross-Motion. Whether the issues can be resolved with an initial Order will depend upon the type of issues raised in the respective pleadings and whether additional information or process is required for the Court to be able to make its determination.