MOTION TO CHANGE PRIOR COURT ORDER / JV180 (WIC 388)
A Motion to Change Prior Court Order / JV180 Motion is a motion that can be filed any time after the Dispositional Hearing. It is commonly used right before a 366.26 Hearing to ask for
A return of the children,
To have the court order services after a bypass; or
Additional services after the termination of services
How Do I Get a Motion to Change Prior Court Order/ JV 180 Motion Hearing?
Filing the motion does not entitle you to a hearing. The court must first find your paperwork and any attachments to show a prima facie showing of changed circumstances and that your request would be in the child’s best interests.
If the court grants a hearing, the person filing the motion can present testimony and other relevant evidence to show change of circumstances and best interests by a preponderance of the evidence (or by clear and convincing evidence if the request is for services on a previously bypassed case).
What are “Changed Circumstances”?
“Changed circumstances” is more than “changing” circumstances. It is entirely up to the judge what is enough to rise to “changed” circumstances. The court generally looks at what you have done to complete your service plan and what has been done to address the court’s concerns.
What are “Best Interests”?
The “best interests” prong is often the most difficult to prove. It is not enough to say “a child needs their parents.” As this determination is very fact-specific, it is best to work closely with your attorney to clearly articulate and show why it would be in the child’s best interests to change the prior court order. Again, determining whether it is in the child’s best interests is entirely up to the judge.
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