Order On Petition For Modification Of Order Of Custody visitation. In order to modify a parenting time schedule; there must be a motion filed with the Court.The motion must be set for hearing and served on the opposing party. Can I set a motion to modify temporary orders if the other party has been found to be in contempt of the order? One of the parents must request that the court change the child support order, using a written "motion" a formal request to the court. The consent of both parents is not a prerequisite for filing a motion to modify custody. - "Ex Parte" refers to motions, hearings, or orders granted on the request of, and for the benefit of, one party only. When you think it is an emergency that requires a temporary order, you can file an ex parte motion. But, please see an attorney about this. It's good if the circumstance can reflect back to the reasons that the judge made in the current order for the custody situation.