Rule text
General Information & Instructions: Motion to Intervene These instructions are intended to be a general guide to help you complete and file these forms, serve them on the opposing parties, and get your request before the court. These do not guarantee that you will be successful in your motion but are to assist you in preparing your request. A Motion to Intervene is a request to a court asking that you be joined as a party to a case. For example, parties to a case may be a child’s mother, father, or legal custodian. This motion must be filed with the clerk’s office of the court where the current (or closed) case is being heard. When you file a motion, you must inform all parties of your request through the official court process. You must notify them with official court documents, including a copy of the signed Motion to Intervene. This is what it means to have them “served.” 31/Juvenile Form 10) is used to select how you want the parties to be served. You can find this form at www.supremecourt.ohio.gov or on your local court’s website. A Certificate of Service must be signed and filed with your Motion to Intervene. This shows that all the parties to the case have been informed of your request to the court. What documents you will need: Motion to Intervene with Certificate of Service A separate (additional) pleading/document asking the court for the change you want, such as a change in custody or child support with a Request for Service It is your responsibility to do the following: • Provide accurate contact information for each party. • Contact the Clerk of Court’s Office if you do not know the case number or judge or magistrate’s name. • Check with your local court to see if there are additional requirements.
Next Steps • Take your completed paperwork to the clerk’s office of the appropriate court and ask if a hearing on your motion will be scheduled and how you will be notified of the date and time of your hearing. • Pay the filing fee. If you cannot afford to pay the filing fee, you can use the Affidavit of Indigency/Fee Waiver Affidavit and Order Form (Supreme Court of Ohio Form 20). This form asks that you be allowed to file without paying a fee in advance. You may still be responsible for paying the fee at the end of the case. You can find this form at www.supremecourt.ohio.gov or on your local court’s website. • If your contact information changes, you must notify the court of these changes, or your motion could be dismissed. • Contact the clerk’s office before your hearing to make sure the parties received their paperwork. You will be required to provide a new address or choose a different method of service if the paperwork is undeliverable. If notice cannot be made and the party does not appear at the hearing, your motion could be dismissed. • The Motion to Intervene must be granted before the court can consider any request for custody, visitation, companionship, child support, or other type of change. The Court and Clerk of Court’s staff cannot give legal advice. Contact a lawyer, legal aid office, or Ohio Legal Help at www.ohiolegalhelp.org if you have questions.
IN THE COURT OF COMMON PLEAS __________________________________ DIVISION ____________________________COUNTY, OHIO IN THE MATTER OF: ______________________________________________________ ______________________________________________________ Case No. _____________________________ Name ______________________________________________________ Address ______________________________________________________ City, State, Zip Plaintiff vs. ______________________________________________________ Name ______________________________________________________ Address ______________________________________________________ City, State, Zip Defendant vs. ______________________________________________________ Your Name ______________________________________________________ Your Address ______________________________________________________ Your City, State, Zip Intervenor MOTION TO INTERVENE This form is to request to become a party to a domestic relations or juvenile court case. A separate motion must be filed with this motion. If more space is needed, add additional pages. 1. My relationship with the child is (for example, grandparent, aunt, uncle, family friend, etc.) ______________________________________________________________________________________________
2. I, ____________________________________, request to be added as a party to the case because: ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ 3. I am requesting to be made a party to this case because I am seeking one of the following listed below. I understand I must file a separate motion for this request along with this motion to intervene. Legal Custody Temporary Custody Visitation/Companionship Child Support as a Caretaker Other ________________________________________________________________________________ 4. This motion is submitted by: Me as a self-represented litigant or Attorney. __________________________________________ Signature __________________________________________ Printed Name __________________________________________ Attorney Registration Number if applicable __________________________________________ Telephone Number ________________________________________ Email Address __________________________________________ Date
CERTIFICATE OF SERVICE Service should be made to all parties in the case. Attach an additional sheet if you are serving more than three parties. I certify that a copy of this motion was sent to the following parties on the following date ___________________________________, 20________. ______________________________________________________ Party Name This motion was sent by: ______________________________________________________ Address Regular U.S. Mail E-mail (to the address on file with the court) ______________________________________________________ City, State, Zip Hand Delivery Fax ______________________________________________________ Phone (if known) Other ______________________________________ ______________________________________________________ E-mail Address on File with the Court (if known) ______________________________________________________ Party Name This motion was sent by: ______________________________________________________ Address Regular U.S. Mail E-mail (to the address on file with the court) ______________________________________________________ City, State, Zip Hand Delivery Fax ______________________________________________________ Phone (if known) Other ______________________________________ ______________________________________________________ E-mail Address on File with the Court (if known) ______________________________________________________ Party Name This motion was sent by: ______________________________________________________ Address Regular U.S. Mail E-mail (to the address on file with the court) ______________________________________________________ City, State, Zip Hand Delivery Fax ______________________________________________________ Phone (if known) Other ______________________________________ ______________________________________________________ E-mail Address on File with the Court (if known) _________________________________________