The Florida Emergency form is a legal document designed to request a court order for the immediate retrieval of a minor child from their current custodian. This form is intended for use in urgent situations where a person with legal rights to the child believes that the child is in danger or wrongfully withheld. If you find yourself in such a situation, consider filling out the form by clicking the button below.
The Florida Emergency form, officially known as the Emergency Verified Motion for Child Pick-Up Order, serves a critical function in family law by allowing individuals to seek immediate court intervention regarding the custody of minor children. This form is specifically designed for situations where a person with a legal right to custody needs to request that law enforcement take a child from the current custodian and return them to their physical possession. It is important to note that this form should only be utilized in genuine emergencies and by individuals who have already established legal custody or time-sharing rights through a court order, or by birth mothers of children born out of wedlock. The form requires the petitioner to provide detailed information about the child, the current custodian, and the reasons for the emergency request, including any immediate danger to the child. Additionally, the petitioner must sign the form in front of a notary and file it with the appropriate circuit court, adhering to specific electronic filing and service rules. The process involves submitting supporting documents, such as a Uniform Child Custody Jurisdiction and Enforcement Act affidavit and proof of custody rights, ensuring that the court has all necessary information to make a timely decision. Following the court's order, the petitioner must ensure that the order is served to the other party, maintaining compliance with legal procedures throughout the process.
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.941(d)
EMERGENCY VERIFIED MOTION FOR CHILD PICK-UP ORDER (11/15)
When should this form be used?
You may use this form to request that the court enter an order directing the sheriff or other law enforcement officer to take a minor child(ren) from the person who currently has physical possession of the child(ren) and deliver the child(ren) to your physical custody or possession. This form should only be used in an emergency by a person who has a pre-existing legal right to physical possession of a minor child. This means that you already have a court order awarding you legal custody of or time-
sharing with the child(ren) OR you are the birth mother of one or more children born out of wedlock a d o ou t o de has add essed a y othe pe so ’s pa e tal ights. Before proceeding, you should
read General Information for Self-Represented Litigants found at the beginning of these forms.
This form should be typed or printed in black ink. This form presumes that you want the court to enter an ex parte order without giving the other side advance notice of the hearing. You should explain your reasons for why such an ex parte order should be entered in paragraph 7 of this form. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original, along with all of the other forms required, with the clerk of the circuit court in the county where the child(ren) is (are) physically located and keep a copy for your records. You should also ask the clerk to process your motion though their emergency procedures.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.
Instructions for Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick-Up Order (11/15)
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
What should I do next?
If the court enters an order without advance notice to the other party, you should take a certified copy of
the o de to the she iff’s office for further assistance. You
ust ha e this fo
a d the ou t’s o de
served by personal service on the other party. You should
ead the ou t’s o de
a efully. The order
may require the sheriff to place the child(ren) somewhere other than in your physical possession. Look for directions in the order that apply to you and note the time and place of the hearing scheduled in the order. You should go to the hearing with whatever evidence you have regarding yourmotion.
If the court will not enter an order without advance notice to the other side, you should check with the clerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing on your motion, unless the court sets a hearing in its order denying your request for an ex parte hearing. When you know the date and time of your hearing, you should file Notice of
Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, and use personal service to notify the othe pa ty of you otio , the ou t’s o de , if a y, a d the hearing.
Special notes...
With this form you must also file the following:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).
A certified copy of the court order showing that you have legal custody of or time-sharing with the child(ren), if any.
OR
A certified copy of the hild e ’s birth certificate(s), if you are the birth mother of a child born out of wedlock and no court order addressing paternity exists.
A certified copy of any judgment establishing paternity, time-sharing with or custody of the minor child(ren).
Order These family law forms contain an Order to Pick-Up Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.941(e), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a blank order form with you to the hearing.
If so, you should type or print the heading, including the circuit, county, case number, division, and the pa ties’ a es, a d lea e the est la k fo the judge to o plete at you hearing.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ ___
Division: __________________________________________________________________________________ ________
__________________________________,
Petitioner,
and
Respondent,
EMERGENCY VERIFIED MOTION FOR CHILD PICK-UP ORDER
I, {full legal name} __________________________________________________________ being sworn,
certify that the following information is true:
1.This is a motion to enforce existing custody or time -sharing rights (as an operation of law or court-ordered) regarding the following minor child(ren):
Name Sex Birth Date Race Physical Description
_______________________________________________________________________________
2.Currently, the child(ren) subject to this motion is (are) in the physical possessionof
{full legal name} _________________________________________________________________
whose address or present physical location is: _________________________________________
This individual’s elatio ship to the i o hild e is: _________________________________
3.I _____ am _____ am not married to the person named in paragraph 2.
4.Status of minor child(ren). I have a superior right to custody of or time-sharing with the minor child(ren) over the person named in paragraph 2 because:
{Indicate ALL that apply}:
a._____ Custody or Time-Sharing has been established by a court.
A final judgment or order awarding custody of or time-sharing with the minor child(ren) was made on {date} _____ in {name of court} ___________________________________
{case number} ____________________. This order awarded custody of or specific time-
sharing with the minor child(ren) to me. This final judgment or order applies to the following minor child(ren): {list name(s) of the child(ren) or write all}
Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick- Up Order (11/15)
A certified copy of said final judgment or order is attached, has not been modified, and is still in effect. {Indicate if applicable} _____. This order is an out-of-state court order which is entitled
to full faith and credit enforcement under the Uniform Child Custody Jurisdiction and Enforcement Act and/or the federal Parental Kidnaping Prevention Act.
b._____ Custody or time-sharing is established as an operation of law. I am the birth mother of the minor child(ren) who was (were) born out of wedlock and there is no final judgment
or order awarding custody of or time-sharing with the following minor child(ren): {list name(s) of the child(ren) or write all}
________________________________________________________________________________
______________________________________________________________________________
1. _____ Paternity has NOT been established. A certified copy of the minor hild e ’s
birth certificate is attached and has not been amended.
2._____ Paternity has been established. A certified copy of the final judgment of paternity, which shows no award of custody or time-sharing was made, is attached. This order has not been changed and is still in effect.
c. _____ Other: ________________________________________________________________
5.A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with thismotion.
6. Facts relati g to the i or child re ’s curre t situation.
[Indicate ALL that apply]
a._____ The person named in paragraph 2 wrongfully removed or wrongfully detained the minor child(ren) on {date} __________ as follows: ______________________________________
Please indicate here if you are attaching additional pages to continue these facts.
b._____ I believe that the minor child(ren) is (are) in immediate danger of harm or
e o al f o this ou t’s ju isdi tio hile ith the pe so a ed i pa ag aph 2 ased o the
following: ______________________________________________________________________
c. The current location of the minor child(ren) is: {choose only ONE} ( ) unknown ( ) believed to be at the following address(es) with the following people {list both the address and the people you believe will be there}: ________________________________________________
7.Advance notice of this motion to the individual named in paragraph 2 should not be required because: ____________________________________________________________
___________________________________________________________________________
____________________________________________________________________________
8.If needed, I can be contacted for notice of an emergency or expedited hearing at the following addresses/locations: __________________________________________________
Name of Contact Person: ______________________________________________________
Address: ____________________________________________________________________
Telephone number(s) where I (or my designee) can be reached: {give name of individual to call} _______________________________________________________________________
9.Attor eys’ Fees, Costs, a d Suit Monies. [Indicate if applicable]
_____ I have filed this motion because of wrongful acts of the person listed in paragraph 2
a o e. I e uest that this Cou t a a d easo a le atto ey’s fees, osts, a d suit o ies as
applicable or authorized under Florida law, the UCCJEA, and other legal authorities.
WHEREFORE, I request an Emergency Order to Pick-Up Minor Child(ren), without advance notice, directing all sheriffs of the State of Florida or other authorized law enforcement officers in this state or any other state to pick up the previously named minor child(ren) and deliver them to my physical custody.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made above and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated:_______________________ ____________________________________________
Signature of Party
Printed Name: _______________________________
Address:____________________________________
City, State, Zip: ______________________________
Telephone Number: __________________________
Fax Number: ________________________________
Designated E-mail Address(es):__________________
___________________________________________
STATE OF FLORIDA
COUNTY OF _______________________
Sworn to or affirmed and signed before me on __________ by _________________________________.
_____________________________________________
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or clerk.]
_____ Personally known
_____ Produced identification
Type of identification produced ____________________________________.
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of:
{name of individual}, ___________________________________________________________________,
{name of business}_____________________________________________________________________,
{address} ____________________________________________________________________________,
{city}_________________,{state} _____, {zip code}_________,{telephone number}_________________.
Filling out the Florida Emergency form is a crucial step when seeking immediate legal action regarding child custody. After you complete the form, you will need to file it with the court and follow specific procedures to ensure your motion is processed efficiently. Here’s how to fill out the form step-by-step:
Once you have submitted the form, the court will review your request. If the court grants your motion, you will need to follow the instructions provided in the order. This may involve contacting law enforcement to assist with the pick-up of the children. Be prepared to present any necessary evidence during any scheduled hearings.
The Florida Emergency form is designed to request a court order that directs law enforcement to take a minor child from the person currently possessing them and deliver the child to you. This form is intended for emergency situations where you already have a legal right to the child's custody, either through a court order or as the birth mother of a child born out of wedlock.
This form can be used by individuals who have a pre-existing legal right to physical possession of a minor child. This includes:
You should file this form in emergency situations where you believe a child is in immediate danger or has been wrongfully removed or detained. It is crucial to act quickly to ensure the child's safety and well-being.
When filling out the form, you must provide detailed information, including:
Generally, this form is intended for ex parte orders, meaning you do not need to notify the other party before filing. However, you must provide a compelling reason in the form as to why advance notice should not be given.
Once you file the form, if the court grants your request, you will receive an order that you must take to the sheriff's office for enforcement. You will also need to serve the other party with the court's order and your motion.
Yes, you must also file the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit along with a certified copy of any existing custody orders or the child’s birth certificate, if applicable. Ensure that all required documents are complete and submitted together.
If you require assistance, a nonlawyer can help you complete the form. However, they must provide you with a Disclosure from Nonlawyer and include their contact information on each form they assist you with. Make sure to follow all guidelines for nonlawyer assistance to avoid complications.
Incomplete Information: One common mistake is failing to provide complete information about the minor child(ren). Ensure that all required details, such as names, birth dates, and physical descriptions, are accurately filled out.
Incorrect Legal Status: Applicants often mistakenly indicate their relationship to the child(ren) or their legal status. It is crucial to clearly state whether you have legal custody or time-sharing rights as established by a court.
Missing Supporting Documents: Some individuals forget to attach necessary documents, such as certified copies of court orders or birth certificates. These documents are vital to substantiate your claims and should be included with the form.
Neglecting to Explain Urgency: Failing to adequately explain why an ex parte order is necessary in paragraph 7 can lead to delays. Clearly articulate the reasons for the emergency to help the court understand your situation.
Not Following Filing Procedures: Many people overlook the specific filing procedures required by the local court. It is essential to file the motion with the clerk of the circuit court and follow any additional local rules.
Forgetting to Sign and Notarize: A frequent oversight is neglecting to sign the form in front of a notary public or deputy clerk. This step is necessary for the form to be considered valid.
Ignoring E-Filing Requirements: With the introduction of electronic filing, some individuals fail to comply with the e-filing rules. If you choose to file electronically, ensure that you understand and follow the required procedures.
The Florida Emergency Verified Motion for Child Pick-Up Order is a crucial document for individuals seeking immediate legal intervention regarding child custody. However, it is often accompanied by several other forms and documents that help facilitate the legal process. Below is a list of related forms that may be necessary when filing the emergency motion.
These forms collectively support the legal process surrounding emergency custody situations in Florida. Understanding their purpose and ensuring they are correctly filled out and filed can significantly impact the outcome of custody disputes. Always consult the relevant guidelines and consider seeking legal advice when navigating these complex issues.
The Florida Emergency Verified Motion for Child Pick-Up Order is similar to a Temporary Restraining Order (TRO) in that both documents aim to provide immediate protection in urgent situations. A TRO is often used to prevent one party from taking certain actions that could harm another, such as harassment or removal of children from their home. Like the Emergency Motion, a TRO can be granted without notifying the other party first, ensuring swift action to safeguard the involved individuals, especially minors.
Another document comparable to the Emergency Verified Motion is the Petition for Emergency Custody. This petition serves a similar purpose by allowing a parent or guardian to request immediate custody of a child due to imminent danger or risk. Both forms require the petitioner to demonstrate a pressing need for intervention, often supported by evidence that the child may be in harm's way. The urgency in both documents reflects the serious nature of child custody issues.
The Emergency Motion shares characteristics with a Child Protective Services (CPS) report. Both are designed to address situations where a child may be at risk. A CPS report typically initiates an investigation into a child's living conditions and safety, while the Emergency Motion seeks immediate legal action to protect the child. Both documents focus on the well-being of minors, emphasizing the need for prompt action when safety is a concern.
Additionally, the Emergency Verified Motion is akin to a Writ of Habeas Corpus in family law contexts. A Writ of Habeas Corpus is used to challenge the legality of a person's detention. In family law, it can be employed to contest the unlawful custody of a child. Both documents aim to restore rights and ensure that individuals, particularly children, are not wrongfully held or removed from their rightful guardians.
The Emergency Verified Motion is also similar to a Motion for Immediate Relief, which can be filed in various legal situations. This type of motion requests urgent action from the court to address a pressing issue. Like the Emergency Motion, it emphasizes the need for a swift response to prevent potential harm or loss. Both documents highlight the importance of timely judicial intervention in critical circumstances.
Another related document is the Petition for Modification of Custody. This petition is filed when a parent seeks to change existing custody arrangements due to changes in circumstances. While the Emergency Motion is used in immediate danger situations, both documents require the petitioner to demonstrate that the current custody situation is no longer in the child's best interest. They both focus on ensuring the child's safety and well-being.
Furthermore, the Emergency Verified Motion is similar to a Motion for Reinstatement of Custody. This motion is filed when a parent seeks to regain custody after it has been lost or altered. Both documents are concerned with the immediate welfare of the child and aim to rectify situations where a child's safety or well-being may be compromised.
The Emergency Motion also resembles a Notice of Hearing. While a Notice of Hearing is typically used to inform parties about upcoming court proceedings, it can be part of the process following an Emergency Motion. Both documents are essential in ensuring that all parties are aware of legal actions affecting child custody, although the Emergency Motion seeks immediate relief, while the Notice of Hearing provides information about scheduled court events.
Lastly, the Emergency Verified Motion can be compared to a Motion for Contempt. This motion is filed when one party believes another has violated a court order, often related to custody or visitation. Both documents serve to address violations of rights and seek enforcement of existing legal agreements. They underscore the importance of adhering to court orders to protect the best interests of children involved.
When filling out the Florida Emergency form, it's important to be thorough and accurate. Here are five things you should and shouldn't do to ensure your submission is effective and compliant with the requirements.
By adhering to these guidelines, you can improve your chances of a favorable outcome in your emergency motion.
When it comes to the Florida Emergency Verified Motion for Child Pick-Up Order, several misconceptions can lead to confusion. Understanding these can help individuals navigate the process more effectively. Here are nine common misconceptions:
Being aware of these misconceptions can help individuals approach the emergency motion process with a clearer understanding and better preparation.
The Florida Emergency form is designed for urgent situations where you need a court order to take a minor child from someone who currently has physical possession of the child.
This form should only be used by individuals who already have a legal right to the child, such as a court order for custody or being the birth mother of the child.
When filling out the form, it is important to provide clear reasons in paragraph 7 for why an immediate order is necessary without notifying the other party.
All documents must be filed with the clerk of the circuit court in the county where the child is physically located, and you should keep a copy for your records.
Self-represented litigants can file documents electronically but are not required to do so. If you choose to e-file, follow the specific guidelines outlined in the Florida Rules of Judicial Administration.
After the court issues an order, it is crucial to take a certified copy to the sheriff's office for enforcement and to ensure personal service is completed on the other party.
Make sure to include all necessary supporting documents, such as custody orders or birth certificates, to strengthen your case when submitting the form.