Standing Orders (Domestic Relations Procedural Orders)
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Frequently Asked Questions (FAQs)
What is a Domestic Relations Procedural Order?
When do I get the Domestic Relations Procedural Order?
Is the Domestic Relations Procedural Order the same as a Standing Order?
What is the purpose of the Domestic Relations Procedural Order (or Standing Order)?
Do I need to ask the court to stop the opposing party from taking our child(ren) out of Alaska?
Do I need to ask the court to stop the opposing party from selling our house or car?
What happens if I violate the order?
What if I need to do something that may violate the order?
What do I do if the opposing party violates the order?
How long is the domestic relations procedural order in effect?
► What is a Domestic Relations Procedural Order?
This is the first order from your judge that sets out the basic rules for the parties to follow during the case.
► When do I get the Domestic Relations Procedural Order?
You receive it when you file your custody or divorce case, or when you are served by the opposing party with the complaint for divorce or custody.
► Is the Domestic Relations Procedural Order the same as a Standing Order?
Yes. Some courts call it a Standing Order.
► What is the purpose of the Domestic Relations Procedural Order (or Standing Order)?
The order tells the parties many things that they are required to do or prohibited from doing. Three important things it says are:
- You cannot remove your children from the state of Alaska without the other parent's agreement or the courts permission.
- In a divorce case, you cannot sell or dispose of marital property without your spouse's agreement or the courts permission.
- In a divorce case, you cannot cancel or alter the terms of any insurance policy without your spouse's agreement or the courts permission.
You can read the Presiding Judges' Standing Order in Contested Divorce, Legal Separation, and Child Custody Cases. This order applies to all contested (the parties do not agree) divorce, legal separation, and child custody cases in the state.
► Do I need to ask the court to stop the opposing party from taking our child(ren) out of Alaska?
No, the standing order already prohibits either party from taking the child(ren) out of Alaska unless the parents agree or the court orders it.
► Do I need to ask the court to stop the opposing party from selling our house or car?
No, the standing order already prohibits either party from selling marital property unless the parties agree or the court orders it.
► What happens if I violate the order?
Violating this order is very serious - don't do it! There can be serious consequences to you. Depending on the violation, it can affect your final order regarding custody and visitation or property division. You can also be arrested in some situations.
► What if I need to do something that may violate the order?
Sometimes situations come up where a parent may need to take the children out of Alaska during a divorce or custody case. Or you may lose your house in foreclosure or a car to repossession unless you come up with money by selling them. If you and the opposing party cannot agree on these types of issues, you can file a motion that asks the court for permission to take specific action. Please visit the Motion Practice section to learn more. The court may issue an order allowing you to take the requested action. Until you receive a court order allowing the action, the standing order is in effect.
► What do I do if the opposing party violates the order?
You can let the court know by filing a motion depending on what the violation is. If you want the court to order the return of your children or property, call the Family Law Self-Help Center who can help you with forms.
► How long is the domestic relations procedural order in effect?
Once the case is done and a final judgment has been entered then the order is no longer in effect.