Motion for Intervention Law Law and Legal Definition

A motion for intervention, in the context of family law, is a petition by an interested party to testify to the best interests of a child when the existing parties cannot adequately protect a child's best interests. The laws granting intervenors a procedural right to be heard by the court are designed to make sure the court has free and ready access to all relevant information.

Laws governing motions for intervention vary by jurisdiction, but typically provide that such a motion may be granted based upon the following:

  1. A caregiver relationship exists between the person and the child or ward;
  2. The intervention is in the best interests of the child or ward;
  3. The reason for intervention and the specific relief sought are consistent with the best interests of the child or ward; and
  4. The existing parties cannot adequately protect the best interests of the child or ward without the intervention.
  5. In some instances, intervention is allowed "as of right", and in other cases, it is permissive. The mandatory or permissive status of the intervening party may affect their right to appeal a denial of the motion to intervene.