Q: How soon after a case closure for CHIPS can the party file a motion to change placement?
My fiancé has had his children in his custody since June of 2019. The CHIPS case final order was filed at the end of 2020. He has full placement with the mother receiving one supervised visitation a month. She recently filed a motion to change placement. How often can these motions be filed? Is she in contempt for not updating her address? Can he address his concerns about her relationship status?
A: The question is whether the final Order was for a continuing CHIPS Order, or whether Children's Court has dismissed the CHIPS action. Children's Court Orders take priority over Family Court Orders. If she filed a Motion to Modify Placement in Children's Court, the Children's Court will determine placement. There is no limit to the number of times she can file a Motion. If she is filing Motions to Modify while there is still a CHIPS Order with conditions to meet, the Family Court can only enter placement Orders consistent with the Children's Court Orders. He can always raise the issues regarding not updating her address and her relationship status. He will need to prove that her relationship status is relevant to the case.
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