Florida family law offers several instances in which emergency relief may be granted. Of course because family law deals with personal and emotionally-charged issues, most people likely feel they have an emergency and want it taken care of immediately, however the courts focus on strict adherence to due process and Florida’s rules of procedure. Whether an attorney from The Law Place assisted you during your divorce or not, we can help you file for emergency and child pickup orders. It cannot be underestimated how important having an experienced lawyer by your side in such matters really is. The Law Place Attorneys are committed to your case and to your future, and will always strive to negotiate the best possible outcome on your behalf. We will always advise you honestly and will present a compelling case on your behalf.
Emergencies According to Florida Family Law Courts
In truth, it is fairly rare that emergency relief is granted, and such relief will only be granted after strict compliance with Rule 12.610(1), Rule 1.610 and Florida Family Law Rules of Procedure. Such Florida rules will include what specific justifications must be made for emergency relief, and should any of the requirements be ignored, the court may deny the request for emergency relief without notice to the opposing party. The primary reason the courts are not quick to issue emergency relief is that doing so can violate the due process rights of the opposing party. Due process is meant to give Florida residents ample notification of the motion in question as well as an opportunity to present their own side of the issue.
When are Emergency Orders Issued?
An emergency order might be issued in the case of domestic violence, as a means of preventing the alleged abuser from coming within a certain distance of the victim or could be issued to one spouse to allow temporary, exclusive use of the marital home to the other. Emergency orders might be issued as a means of setting out temporary parenting plan arrangements or even temporary spousal support. Emergency orders may also be issued when one parent fails to return the children to the other parent as ordered and it is believed the parent may have taken the children away, against the orders of the court. Evidence which can support emergency relief may include an incident of child neglect, spousal abuse or rape or child abuse, strong evidence of drug or alcohol abuse on the part of the other parent, or a credible threat by one parent, claiming to remove the child from school or the home.
The courts will further consider the following:
• Whether the threat has been made against a person or against property (threats against a person carry much more weight and are more persuasive than threats to property).
• When the evidence first came to light—if the person filing the motion has waited weeks or months to file, then no real emergency exists.
• Courts tend to be suspicious of allegations against an ex-spouse which claim drug abuse, child abuse or child neglect, reasoning that the parent filing the motion would not have allowed unsupervised visits in the past if there was a credible threat of danger to the children.
On the other hand, if the party filing the motion can show credible proof that a child is being abused or is living in a dangerous or unhealthy environment, the court might issue an emergency order or the state could intervene in such a case.
What is an Emergency Verified Pick Up Order?
If your ex has refused to return your children as directed by a specific time, you may file an Emergency Verified Pick Up Order, asking the court to pick up your minor child or children. You may only file such a request if you have pre-existing legal rights to physical custody of your minor children—you must have a court order which has given you legal custody or specific time-sharing rights with your children. You can also file such a request if you are the birth mother of a child or children born out of wedlock and there has not been a court order issued which addresses the father’s rights. If the children’s other parent has neglected to return your children, according to your scheduled arrangement, law enforcement will attempt to locate the children and pick them up, returning them into your care. The courts can penalize a parent who fails to follow court orders by giving them less time with the children in the future.
The attorneys of The Law Place are committed to ensuring you receive the very best legal representation possible. We understand that this is a difficult time in your life; requiring an emergency order or child pickup order means that your life has gone terribly wrong. Your children may be missing, you have suffered an instance of domestic abuse, or your spouse has left you with no money and no place to live. Whatever your situation, we can help get your life back on track, with our legal experience and knowledge.