What happens if you file a motion in family court.....?

Question

and the opposing party fails to show up to fight the motion?

The motion is won and is signed by the Judge and becomes a new court order.
Can the other person OBJECT to this court order.
Or is their failure to appear pretty much a "to bad to sad situtation - you loose?" You should have came to court? What if they claim they never received notice of the court date?

Would the appeal be at Federal Level?

Sorry - this is in Michigan

Answer 1

"What happens if you file a motion in family court and the opposing party fails to show up to fight the motion? The motion is won and is signed by the Judge and becomes a new court order. Can the other person OBJECT to this court order? Or is their failure to appear pretty much a "too bad, too sad situation - you loose?" You should have came to court? What if they claim they never received notice of the court date?"

The quick answer to your question is "The party filing the motion usually receives a default judgment in their favor."

If the motion was heard "ex parte"-- with only one side given notice for emergency reasons or due to extenuating circumstances, then the default judgment can usually be modified or vacated after a full hearing on the merits- if one is requested within 30 days.

If the other side was not given notice, then the default judgment will usually be vacated upon a showing of that. (If a "Notice of Hearing" was not filed with the Clerk of the Court, then that generally means the Court will rule-- absent no other evidence-- that notice was faulty.)

Even if notice was properly and timely served, the losing party can move to vacate a default judgment within 30 days for cause-- some reason beyond their control that they or their attorney couldn't show up. Being hospitalized after a serious car accident, for example, is a good reason to miss court....

And, as if that wasn't enough, the losing party generally has at least one year to file a motion to reconsider for various procedural and circumstantial reasons (assuming no new motions have been before the court on the same matter since) and up to two years for a motion to reconsider for things like fraud and other serious procedural issues.

However, if the issue was related to child support, the order for support will likely stand until modified prospectively (from the date you receive notice that the opposition is challenging the order).

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.]

Answer 2

The other party can object to the court order, by showing up and oppose the motion at the hearing. Generally, if the other party does not show up and oppose the motion in a timely manner, they are stuck with the ruling.

There are a few limited situations where the ruling can be challenged after the fact, but these are very uncommon, and often unlikely to succeed.

Answer 3

It really depends on the state- and who filed the initial motion. Was it the state or agency or one of the parties involved? I am not sure which side you are on, but I am pretty sure that you can file and appeal if you were not able to present if you have a good enough reason. However, whatever the outcome was at the inital hearing will stand until any other motion is heard.

Answer 4

I would argue it as a "too bad, so sad" situation. I don't think the "I didn't recieve notice" complaint will fly very far with most courts as most courts are very good about sending notice. When you recieve notice, you show up in court, or you give up your right to contest the motion.

Answer 5

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Answer 6

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Answer 7

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RE :What happens if you file a motion in family court.....?
and the opposing party fails to show up to fight the motion?

The motion is won and is signed by the Judge and becomes a new court order.
Can the other person OBJECT to this court order.
Or is their failure to appear pretty much a "to bad to sad situtation - you loose?" You should have came to court? What if they claim they never received notice of the court date?
Update: Would the appeal be at Federal Level?
Update 2: Sorry - this is in Michigan
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