Rule 232 Petition to remove custodian of minor for cause and to designate a successor custodian or to require the custodian to give appropriate bond
PART III
Rule Text
(a) Petition for Order to Show Cause. When it is believed that a custodian under the District of Columbia Uniform Transfers to Minors Act should be removed for cause and a successor custodian other than the transferor under D.C. Code § 21-304 should be designated or that the custodian should be required to give appropriate bond, a Petition may be filed for a Rule to Show Cause, directing such custodian to appear and show cause why such custodian should not be removed and a successor appointed or why such custodian should not be required to give appropriate bond.
(b) Content of the Petition. In addition to any other information required to be submitted to the Court under this Rule, the Petition shall set forth with particularity the following facts, points and authorities:
(1) the name, address, telephone number and any other pertinent identifying information about the custodian subject to the order to show cause; (2) a statement of the jurisdiction of the Superior Court over the subject matter and such custodian; (3) the facts and law that would establish cause for removal of the custodian or require the custodian to give appropriate bond; (4) a concise demand for relief, viz., removal of the custodian and designation of a successor or requiring the custodian to give bond; and (5) any other information that the petitioner determines to be relevant to the Court's decision to issue the order to show cause or reason(s) if any why any of the foregoing information is not supplied.
(c) Who may Petition the Court. The transferor of custodial property under the Uniform Transfers to Minors Act, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the property of the minor, or the minor, if the minor has reached the age of 14 years, may file a petition hereunder.
(d) Form of order. The Court may grant the Petition For Rule To Show Cause without waiting for any response to the Petition by executing an Order For Rule To Show Cause substantially in the following form: In Re: ......... No. ......... ORDER FOR RULE TO SHOW CAUSE Upon the submission of the Petition of ......... filed the ..... day of ......, 20 .. ORDERED that ................... shall appear in this Court at ....... A.M. in Courtroom No. .........., on the day ....... day of ............, 20 .., and show cause, if any there be, why he/she should not be removed for cause as custodian of .............. under the District of Columbia Uniform Transfers to Minors Act and a successor custodian be appointed, or required to give appropriate bond, PROVIDED, however, that a copy of said Petition and this Order be served upon him/her by petitioner on or before the ......... day of ..............., 20 .. in accordance with SCR-Civil 4(c), and it is further ORDERED that if ................... fails to appear on the date set in this order, the Court may grant the relief requested in the petition without further notice. ................... JUDGE Copies to: Petitioner (address) Interested Persons (address)