With a motion for temporary custody, you must serve the other party and schedule a hearing. The motion for temporary orders does not have valid grounds in the law (in other words, the law does not permit the relief requested). 2.Under Illinois law, either parent can file for temporary custody in a child custody or divorce case. Courts should be reluctant to enter temporary guardianship orders absent true emergencies, but are generally accommodating if a real danger exists. To successfully modify a temporary order, a parent must show that the current arrangement is not in the best interests of the child. To successfully modify a temporary order, a parent must show that the current arrangement is not in the best interests of the child. Check the box to say whether you are asking for anything other than or in addition to a Temporary Order without Notice for Legal Decision-making. These are common in divorces and child custody cases. This program will create a Petition for Rule to Show Cause to help you enforce an earlier court order. A motion to dismiss would address the underlying petition.