Dissolving a Temporary Injunction
There are a significant number of motions applicable to Florida family law, particularly relating to child custody, child support and relocation by a parent. Many of the Florida family law motions deal with having an injunction against you removed, or having a motion to prevent the removal of your children put into place. Florida family law form 12.940(d), Motion to Modify or Dissolve Temporary Injunction is the motion you will prepare when a temporary injunction (either ex parte or following a hearing) has been entered against you.
You may use this form to ask the court to either remove that injunction totally or modify it in some way. This motion cannot be used to dissolve a Temporary Injunction for Protection Against Domestic Violence. If you ask the clerk to process your Motion to Modify or Dissolve Temporary Injunction through the court’s emergency process, a hearing will be held within five working days. You will need to prepare Florida family law form 12.940(e), Order Dissolving Temporary Injunction to take with you to your hearing; should the judge approve your motion, he or she will sign the Order Dissolving Temporary Injunction.
Motions and Injunctions Preventing the Removal of Minor Child(ren)
Florida family law form 12.941(a), Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services is used when you have reason to believe that your minor child(ren) may be removed from the state of Florida during a child custody/time-sharing dispute with the other parent. This motion will prohibit the other parent from obtaining a new passport for the child(ren) as well as requiring any existing passports for the child(ren) be turned over to you immediately.
If the judge agrees that your child(ren) are in danger of being removed from the state of Florida without your consent, he or she will sign either Florida family law form 12.941(b), Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services or Florida family law form 12.941(c), Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Service (After Notice). The difference between the two temporary injunctions is that the first is issued without prior notice to the Respondent, however the Respondent may file a motion to dissolve or modify this injunction, triggering a hearing to be scheduled within five days.
The second injunction schedules a hearing after notice has been served on the Respondent. If a person (most likely the child’s other parent) currently has physical custody of your child(ren) and you want the children to be delivered back into your custody, you will use Florida family law form 12.941(d), Emergency Verified Motion for Child Pick-Up Order, along with Florida family law form 12.941(e), Order to Pick Up Minor Child(ren) which the judge will sign if he or she agrees with your motion. The Emergency Verified Motion is to be used only in an emergency, and only by a person with a pre-existing legal right to physical custody of a minor child—you have already been awarded legal custody or time sharing, or you are the birth mother of the child(ren) born out of wedlock with no court order addressing any other person’s parental rights.
When a Guardian ad Litem Becomes Necessary
Any time a person involved in a lawsuit is unable to adequately represent his or her own interests, a guardian ad litem may be appointed by the court. The guardian ad litem will only protect the person’s interests for this single lawsuit. Most often, courts will appoint a guardian ad litem when there is a parental dispute regarding child(ren) custody. Florida family law form 12.942(a), Motion for Appointment of Guardian ad Litem is used by either party in a family law case to request the judge appoint a guardian ad litem to represent the best interests of your children. If you or your spouse believe your children need someone other than you to ensure the child(ren)’s best interests are looked out for, this form will be used, along with Florida family law form 12.942(b), Order Appointing Guardian ad Litem, used when the judge agrees with your motion. When you have been given a hearing date, you must file a Notice of Hearing, providing a copy to the other party in your case.
Motion to Deviate from Child Support Guidelines and Motion for Testimony and Attendance of Minor (Child)ren
Florida family law form 12.943 Motion to Deviate from Child Support Guidelines is used when you believe the court has sufficient reason to raise or lower the child support guidelines amount by up to 5%–or more than 5% if written reasons accompany the adjustment. Therefore, if you are the parent who will be receiving child support, and you believe there is sufficient evidence in your case to show the court you are entitled to more than the child support guidelines allow, you will file this motion.
If you believe your minor child or children should testify in your divorce/custody proceedings, you will file Florida family law form 12.944(a), Motion for Testimony and Attendance of Minor Child(ren). This will allow your child or children to appear in court as a witness, to attend a hearing or to be subpoenaed to appear at a hearing without prior order of the court. You will also need to prepare Florida family law form 12.944(b) Order for Testimony and Attendance of Minor Child(ren); if the court approves your motion, the judge will sign the order.
Motions for Temporary Support
If you are in the middle of a divorce (whether you are the Petitioner or the Respondent), it may be necessary to ask the court to require your spouse to continue to provide at least some level of support to you, or to you and your child(ren), if there are children of the marriage. You may be asking the court for temporary, exclusive use and possession of the marital home, to award temporary use and possession of marital assets, to require temporary payment of specific marital debts (such as a house payment or car payment) or to enter a temporary injunction prohibiting your spouse from disposing of marital assets. If children are involved, the motion may include a temporary time-sharing schedule or temporary child support. The following motions and orders will be used to request temporary support:
12.947(a) Motion for Temporary Support with Dependent or Minor Child(ren)
12.947(b) Temporary Order of Support with Dependent or Minor Child(ren)
12.947(c) Motion for Temporary Support with No Dependent or Minor Child(ren)
12.947(d) Temporary Support Order With No Dependent or Minor Child(ren)
Parental relocation is handled via a number of Florida family law forms, including:
12.950(a) Agreement for Relocation with Minor Child(ren)
12.950(b) Motion for Order Permitting Relocation by Agreement
12.950(c) Petition for Dissolution of Marriage with Dependent or Minor Child(ren) and
12.950(d) Supplemental Petition to Permit Relocation with Minor Child(ren)
12.950(e) Motion for Temporary Order Granting Relocation
12.950(f) Temporary Order Granting/Denying Relocation
12.950(g) Motion for Civil Contempt and/or Return of Child(ren)
12.950(h) Order on Motion for Civil Contempt for Relocation and/or Return of Child(ren)
12.950(i) Final Judgment/Supplemental Final Judgment Granting Relocation
12.950(j) Final Judgment/Supplemental Final Judgment Denying Relocation
12.960 Motion for Civil Contempt/Enforcement
12.961 Notice of Hearing on Motion for Contempt/Enforcement
12.962 Writ of Bodily Attachment (Child Support)
The Florida laws governing parental relocation and responsibility detail a number of factors to be considered when one parent desires to make a major move. The judge in your case will carefully consider the reasons for the proposed relocation, the impact the move will have on the child or children, the expected financial gain from the move, and the level of parental involvement in the day-to-day lives of the children. Relocation cases can be quite hotly contested, with high emotions from both sides. An agreement for relocation or a Petition to Relocate must be filed when you plan to relocate the child(ren)’s residence more than fifty miles from their current residence, when the court has not already given permission for your proposed relocation, when the relocation will be for a period of sixty consecutive days or more, or when a visitation or time-sharing schedule will be altered by the relocation.
If you and the child(ren)’s other parent are in agreement about the move, you are way ahead of the game. You will simply file the Agreement for Relocation with Minor (Child)ren, with both parents’ signatures on the Agreement. If the judge agrees with the relocation, you will also prepare a Motion for Order Permitting Relocation by Agreement which will be signed by the judge. If you are filing for Dissolution of marriage and asking the court to allow you to relocate with your children, you will file Florida family law form, Petition for Dissolution of Marriage with Dependent or Minor Child(ren) and Relocation.
If you have already filed a standard Petition of Dissolution, then determined you wish to relocate with your children, you will file Florida family law form Supplemental Petition to Permit Relocation with Minor Child(ren). If you have already filed a Petition or Supplemental Petition to permit relocation, you can file Florida family law form Motion for Temporary Order Granting Relocation which asks the court to permit a temporary relocation of the child(ren)’s principal residence. If the judge agrees with your request—or denies your request—you will prepare a Temporary Order Granting/Denying Relocation and the judge will sign the Order.
If you are on the other side of the situation and your spouse has obtained a temporary order granting relocation—which you object to—you can file a Motion for Civil Contempt and/or Return of Children. You will also prepare an Order on Motion for Civil Contempt for Relocation and/or Return of Children which the judge will sign if he or she is in agreement with your Motion. When the process of determining whether relocation will be allowed has concluded, there will either be a Final Judgment/Supplemental Final Judgment Granting Relocation or a Final Judgment/Supplemental Judgment Denying Relocation. If, after the judge has issued a Final Judgment, the parent who has been denied relocation rights, relocates anyway, the other parent can file a Motion for Civil Contempt/Enforcement. A Notice of Hearing on Motion for Contempt/Enforcement will be prepared. A parent who fails to comply with any for judgment for child support may have a Writ of Bodily Attachment (Child Support) filed against them which instructs the sheriff’s department to pick that person up and bring them before a judge within 48 hours of execution of the Writ.
When You Require Assistance
The Florida courts focus on strict adherence to due process and Florida’s rules of procedure. While you can file any of the above motions on your own, you may find it more beneficial to your case to have an attorney from The Law Place help you during this difficult time. It really cannot be underestimated how important having an experienced lawyer by your side in such matters can be. Our attorneys are committed to your case as well as to your future. Call The Family Law Place today.