Official Florida Emergency Template

What is an Emergency Verified Motion for Child Pick-Up Order in Florida?

An Emergency Verified Motion for Child Pick-Up Order is a legal document used in the state of Florida to request that the court orders law enforcement to remove a minor child from the current possessor's custody and deliver them to the petitioner, who must already have a legal right to physical possession of the child. This form is typically used in urgent situations by someone with a pre-established legal right to the child, such as a court-ordered custody agreement or, for birth mothers of children born out of wedlock, where no other individual’s parental rights have been legally recognized.

When should this form be used?

This form should be used in emergency situations where a child needs to be picked up by law enforcement and delivered to someone with a legal right to their physical custody or possession. It is necessary for the petitioner to have a pre-existing legal right to possession of the child either through court order or as the birth mother where no court has adjudicated another’s parental rights.

What constitutes an 'emergency' for the use of this form?

An emergency, in this context, refers to situations where the child is in immediate danger or at risk of being removed from the court's jurisdiction unlawfully or wrongfully by the person currently in possession of the child. The petitioner must convincingly demonstrate the emergency nature of their request for the court to consider issuing the order without prior notice to the other party.

What are the requirements for filing this motion?

To file an Emergency Verified Motion for Child Pick-Up Order, the petitioner must complete the form with all required information about the child, the person currently possessing the child, and the legal basis for their request. The form must be signed in front of a notary public or deputy clerk, filed with the circuit court in the county where the child is located, and accompanied by necessary documents such as a certified copy of the legal custody order or the child’s birth certificate, if applicable. Additionally, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit is required.

What happens after filing this motion?

Once the motion is filed, the court may issue an order for child pick-up without prior notice to the other party, based on the urgency of the situation described in the motion. The petitioner must then take this order to the sheriff's office for enforcement. The order may have specific instructions about the child's transfer of custody. It's crucial to follow any directions provided by the court and attend the scheduled hearing with all relevant evidence supporting the motion.

Can I file this form electronically?

Yes, the Florida Rules of Judicial Administration permit electronic filing of petitions, pleadings, and documents, including this motion. However, self-represented litigants are not obligated to file electronically. If you choose to e-file, you must adhere to specific rules and processes set by the Florida Rules of Judicial Administration and the judicial circuit where you file.

Is there a cost involved in filing this motion?

Filing any court motion, including the Emergency Verified Motion for Child Pick-Up Order, may involve court fees. These fees can vary by county. In some instances, if the motion is filed due to wrongful acts by the other party, the court might order the other party to pay reasonable attorney's fees, costs, and suit monies. For accurate information on filing costs, contact the clerk's office of the circuit court where you plan to file the motion.

What if the court does not enter an order immediately?

If the court decides not to issue an order without advance notice to the other side, you may be directed to schedule a hearing for your motion. You will need to consult the clerk of court, judicial assistant, or family law intake staff to learn about the local procedure for scheduling your hearing. Once you know the date and time, you should file a Notice of Hearing and ensure the other party is served personally with this notice.

When individuals fill out the Florida Emergency Form specifically designed for the emergency pick-up of a child, common mistakes can lead to delays or the rejection of their request. Understanding and avoiding these pitfalls is crucial for a smooth legal process. Here are ten common errors to be cautious of:

1. Not proving a pre-existing legal right to the child(ren)'s custody or time-sharing. Applicants must demonstrate through documentation that they have a legal claim.

2. Failing to complete the form in black ink or typing, which is a basic requirement for clarity and legibility.

3. Omitting the explanation for the emergency nature of the pickup in paragraph 7. The reason for bypassing standard notifications to the other party must be compelling and clearly articulated.

4. Neglecting to sign the form in the presence of a notary public or deputy clerk, an essential step for verifying the authenticity of the document and the identity of the applicant.

5. Incorrectly or incompletely filling out information about the child(ren)'s current location and the person who has them. Accurate details are critical for law enforcement to act.

6. Overlooking the attachment of critical documents like a certified court order showing custody rights, the child(ren)'s birth certificates if applicable, or any judgment establishing paternity, custody, or time-sharing.

7. Disregarding the instructions regarding electronic filing (e-filing) and electronic service (e-service), which are increasingly becoming standard in judicial proceedings.

8. Failure to file the accompanying Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, which is essential for cases involving jurisdictional issues.

9. Misunderstanding the requirement to serve the other party with the court's order if an ex parte decision isn't granted, including the necessity of personal service.

10. Forgetting to bring a blank order form to the hearing, despite instructions indicating its necessity, could lead to procedural delays.

By diligently addressing these common oversights, applicants can enhance the efficiency and effectiveness of their filing, thus safeguarding their rights and the well-being of the children involved.

When handling a situation that necessitates the use of the Florida Emergency Form, specifically the Emergency Verified Motion for Child Pick-up Order, there are several other forms and documents that often accompany it to ensure that all legal and procedural bases are covered. It’s crucial to understand the purpose and content of these accompanying forms to navigate the legal process efficiently and effectively.

• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d)): This form establishes the court’s jurisdiction over the child(ren) involved, providing details on their residence history and current location, crucial for custody decisions.
• Certificate of Service (General) (Form 12.914): This document verifies that all parties involved in the case have been duly notified of the filings and proceedings, ensuring compliance with legal requirements for informed participation.
• Designation of Current Mailing and E-mail Address (Form 12.915): This form records the contact information of the parties involved, enabling efficient communication and service of documents throughout the case.
• Notice of Hearing (General) (Form 12.923): This notice informs all parties of the date and time of the court hearing related to the motion, ensuring their opportunity to be heard.
• Order to Pick-Up Minor Child(ren) (Form 12.941(e)): A judge signs this form to authorize the immediate physical removal and transfer of the child(ren) in question, an essential document related to the Emergency Motion for Child Pick-Up.
• Child Custody Order: If previously issued, this legal document detailing custody arrangements must accompany the Emergency Motion to reinforce the petitioner’s claim to physical custody or time-sharing rights.
• Child’s Birth Certificate: In cases where paternity or maternity needs to be established or confirmed, a child’s birth certificate provides necessary legal proof.
• Paternity Judgment or Order: This document is crucial when paternity has been legally established, impacting custody and child pick-up orders.
• Disclosure from Nonlawyer (Form 12.900(a)): If a nonlawyer has assisted in filling out the motion, this form outlines their involvement and provides their contact information, upholding transparency in the filing process.

Navigating family law and custody issues can be complex, requiring a multitude of forms and documents to ensure the lawful and proper handling of each case. Understanding each form’s purpose and how they work together in cases like the Emergency Verified Motion for Child Pick-up Order highlights the importance of detailed legal processes in protecting the rights and welfare of children in Florida.

• The Temporary Custody by Extended Family form mirrors the Florida Emergency form in its focus on the welfare of minor children, establishing a temporary guardianship in the absence of the primary guardians, which is somewhat akin to the emergent transfer of physical custody sought in an Emergency Verified Motion for Child Pick-Up Order.

• The Domestic Violence Injunction form shares similarities with the Florida Emergency form by providing an expedited process for protection in a situation of immediate harm or threat, including, but not limited to, situations concerning minors.

• The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, required alongside the Florida Emergency form, ensures that the court has complete information on a child's custody history, directly supporting the request for an emergency child pick-up order.

• Stepparent Adoption Consent forms, while aimed at a different conclusion, necessitate thorough documentation of a child's current living and custody arrangements, echoing the exhaustive detail about the child's situation required in the Florida Emergency form.

• Petition for Dissolution of Marriage with Children bears a resemblance by addressing child custody, support, and shared parenting arrangements, issues that are pivotal in the Emergency Verified Motion for Child Pick-Up Order when establishing the need for an emergency custody change.

• The Child Support Guidelines Worksheet is important in both the context of divorce proceedings and in situations where an Emergency Verified Motion for Child Pick-Up Order might be filed, as financial considerations for the child's welfare are often closely linked with custody arrangements.

• Notice of Hearing, a document that sets a court date for hearing the parties on the matter at hand, is crucial just as it is with the emergency form, which may culminate in a hearing to finalize the child's temporary custody arrangement.

• The Designation of Current Mailing and E-Mail Address reflects the procedural similarity with the Florida Emergency form, ensuring that all parties involved in the process are properly notified and can participate in the legal process.

• Modification of Child Custody or Visitation petitions parallel the emergency form's utilization when there's a significant change in the child's or parents' situation, warranting a modification in the existing custody or visitation agreements for the child's best interests.

• Paternity Establishment forms, which can serve as a prerequisite to the Emergency Verified Motion for Child Pick-Up Order, especially in situations where paternity must be established to determine or enforce custody rights.

When you're filling out the Florida Emergency Verified Motion for Child Pick-Up Order form, it's important to pay close attention to the instructions and requirements to ensure everything is completed correctly. Here's a list of dos and don'ts to help guide you through the process:

• Do read the General Information for Self-Represented Litigants before starting the form, to get an understanding of the process.
• Do type or print the form in black ink, ensuring that all information is readable.
• Do explain in paragraph 7 why an ex parte order (an order issued without informing the other party) is necessary in your situation.
• Do sign the form in front of a notary public or deputy clerk as required to verify its authenticity.
• Do file the original form and retain a copy for your records, following the correct procedure as explained in the instructions.
• Do not leave any sections incomplete, unless they absolutely do not apply to your situation. Incomplete forms can be rejected or cause delays.
• Do not ignore the requirements for attaching additional documents, such as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit if applicable, and any court orders or birth certificates that establish your custody rights, if available.
• Do not forget to check with the clerk whether you need to bring a blank Order to Pick-Up Minor Child(ren) form to the hearing.
• Do not overlook the instructions about serving the order and motion or the need for personal service if the court issues an order without advance notice to the other party.

Following these guidelines will help you navigate the process of filing an emergency verified motion for child pick-up order in Florida more effectively and with fewer setbacks.

When it comes to the use of the Florida Supreme Court Approved Family Law Form 12.941(d), commonly known as the Emergency Verified Motion for Child Pick-Up Order, several misconceptions can lead to confusion or misuse of the form. Understanding these misconceptions is vital for individuals considering this legal avenue for ensuring the safety and welfare of a child. Here are four common misconceptions and their clarifications:

• The form can be used by anyone seeking to gain custody of a child. This is incorrect. The form is specifically designed for individuals who already possess a legal right to the physical possession of the child. This includes those with an existing court order for custody or time-sharing or the birth mother of a child born out of wedlock when no court has addressed another's parental rights.
• Using the form guarantees immediate action by law enforcement. While the form is intended for emergency situations, filing the motion does not automatically ensure immediate law enforcement intervention. The court must first review and grant the order, and the situation must be deemed an emergency that justifies expedited action.
• E-filing is mandatory for this motion. Although the Florida Rules of Judicial Administration encourage electronic filing, it is not mandatory for self-represented litigants. Individuals may choose whether to file petitions or other documents electronically based on their comfort level and access to necessary technology.
• The motion serves as a permanent resolution to custody or time-sharing disputes. Filing this motion and obtaining an emergency pick-up order is a temporary measure intended to address immediate concerns for a child's safety. It does not replace the need for a formal hearing or court order that permanently addresses custody or time-sharing arrangements.

Understanding the specifics and limitations of the Emergency Verified Motion for Child Pick-Up Order is crucial for any individual considering its use. Misconceptions can lead to disappointment or further legal complications. Individuals are strongly encouraged to read all instructions accompanying the form carefully and, if possible, seek legal advice to ensure that their actions are in the best interest of the child and comply with Florida law.

Understanding the Florida Emergency Child Pick-Up Order Form is crucial for protecting children's safety in urgent situations. Here are key takeaways to ensure its effective use:

• The form is designed for use in emergencies where a child needs to be taken from someone's physical possession and delivered to another person's custody.
• It applies to individuals with a legal right to the child, including those with court orders for custody or the birth mother of a child born out of wedlock without paternity challenges.
• Before filing, familiarize yourself with the General Information for Self-Represented Litigants and consider the need for legal advice.
• Fill out the form accurately in black ink or type, sign it before a notary or deputy clerk, and file it with the clerk of the circuit court in the child's location.
• Utilize the court's emergency procedures when submitting your motion to expedite the process.
• Be aware of e-filing requirements but note that self-represented litigants are not mandated to file documents electronically, though it is an option.
• If participating in e-service, comply with Florida Rule of Judicial Administration 2.516 for serving or receiving documents by email.
• After court approval, obtain a certified copy of the order and present it to the sheriff's office for enforcement.
• Prepare for the possibility of a hearing by gathering evidence supporting your motion, and follow local procedures for scheduling if the court does not grant an ex parte order.
• Include necessary additional documents like the UCCJEA Affidavit, a certified copy of the custody or paternity order, or the child’s birth certificate if applicable.

Correct application and understanding of this form can significantly impact the well-being of a child in an emergency situation. Ensure all steps are followed diligently for a successful outcome.