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The Florida Emergency Verified Motion for Child Pick-Up Order is a crucial legal tool for individuals facing urgent situations involving minor children. This form allows a person with a pre-existing legal right to physical custody to request that law enforcement intervene and take a child from someone who currently has possession. It is specifically designed for emergencies, emphasizing the need for swift action in circumstances where a child's safety is at risk. Before using this form, the petitioner must have a legal basis for custody, such as a court order or being the birth mother of the child. The process involves completing the form accurately, detailing the reasons for the emergency, and filing it with the appropriate court. Additionally, the form presumes that the request will be made without notifying the other party in advance, which is crucial in situations where immediate action is necessary. Once filed, the petitioner must follow up by serving the other party and ensuring compliance with local court procedures. Understanding the nuances of this form is essential for anyone navigating the complexities of family law in Florida.
Documents used along the form
When dealing with child custody issues in Florida, several key documents accompany the Florida Emergency form. Understanding these forms is crucial for ensuring proper legal procedures are followed. Here’s a brief overview of the essential documents you may need.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This affidavit establishes the jurisdiction of the court regarding child custody matters. It provides information about where the child has lived and any previous custody orders, ensuring that the court has the authority to make decisions regarding the child's welfare.
- Notice of Hearing (General): This document notifies the other party of the scheduled hearing regarding your motion. It includes the date, time, and location of the hearing, ensuring that all parties are informed and can prepare accordingly.
- Certificate of Service: This form confirms that all necessary documents have been served to the other party. It is essential for demonstrating compliance with legal requirements regarding notice and service of process.
- Designation of Current Mailing and E-mail Address: This form is used to provide the court with your current mailing and email addresses. It is necessary for ensuring that you receive all future notices and documents related to your case.
Filing these documents accurately and timely is critical. Each form plays a vital role in the legal process and helps ensure that your rights and the best interests of the child are protected. Be diligent in your preparations and consult with a legal professional if you have questions about any of these forms.
Similar forms
The Florida Emergency Verified Motion for Child Pick-Up Order is similar to a Temporary Restraining Order (TRO). A TRO is often used in situations where immediate action is necessary to prevent harm. Like the emergency motion, a TRO can be granted without prior notice to the other party. Both documents aim to protect individuals, particularly children, from potential danger by allowing for swift legal intervention. The key difference lies in the context; while the emergency motion focuses on child custody, a TRO may address a wider range of issues, including domestic violence or harassment.
Another similar document is the Petition for Emergency Custody. This petition is used when a person believes that a child is in imminent danger and requires immediate custody. Much like the Florida Emergency form, it requests the court to act quickly to ensure the child's safety. Both documents emphasize the urgency of the situation and the necessity for immediate legal action. They also require the petitioner to demonstrate a pre-existing legal right to custody or a strong reason for the emergency request.
The Emergency Motion for Temporary Custody is another comparable document. This motion is filed when a parent or guardian seeks temporary custody of a child due to an emergency. Similar to the Florida Emergency form, it allows for ex parte relief, meaning the other party does not need to be notified before the court makes a decision. Both forms require the petitioner to outline the reasons for the emergency and provide evidence supporting their claims.
A Child Custody Modification Request can also be seen as similar, particularly when a significant change in circumstances occurs. This document allows a parent to ask the court to change an existing custody order. While it typically does not have the same urgency as the Florida Emergency form, it shares the goal of ensuring the child's best interests are prioritized. Both forms require the petitioner to have a legal basis for their request and to provide relevant information about the child's current situation.
The Petition for Writ of Habeas Corpus in Child Custody Cases is another document that shares similarities. This legal action is used when a person believes that a child is being unlawfully held by another party. Like the Florida Emergency form, it seeks immediate judicial intervention to secure the child's release. Both documents require the petitioner to prove their legal right to the child and demonstrate that the child is in a harmful situation.
The Motion for Reinstatement of Custody also aligns with the Florida Emergency form. This motion can be filed when a parent wants to regain custody after it has been revoked or modified. While it may not always be urgent, it shares the common goal of addressing custody issues and ensuring the child's safety. Both documents require supporting evidence and a clear explanation of the circumstances surrounding the custody change.
The Petition for Guardianship is another document that serves a similar purpose. This petition is filed when someone other than the parent seeks legal custody of a child. Like the Florida Emergency form, it requires the petitioner to demonstrate a legitimate concern for the child's welfare and an existing legal right to seek custody. Both forms focus on the child's best interests and aim to provide a stable environment for the child.
The Motion for Emergency Relief is also comparable. This motion can be filed in various legal contexts to seek immediate intervention from the court. Similar to the Florida Emergency form, it emphasizes the urgency of the situation and the need for swift action. Both documents require the petitioner to outline the reasons for the emergency and provide evidence supporting their claims.
The Petition for Child Support Modification can also be seen as similar, particularly when a significant change in circumstances affects a child's financial needs. This petition allows a parent to request a change in the amount of child support due to an emergency situation. While it does not focus on physical custody like the Florida Emergency form, it shares the common goal of addressing the child's well-being and ensuring their needs are met.
Finally, the Petition for Visitation Rights is another document that shares similarities with the Florida Emergency form. This petition is used by a non-custodial parent seeking to establish or modify visitation arrangements. While it may not always be urgent, it addresses the ongoing relationship between the child and the parent. Both documents require the petitioner to have a legal basis for their request and to provide relevant information about the child's current situation.
Obtain Answers on Florida Emergency
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What is the purpose of the Florida Emergency form?
The Florida Emergency form, specifically the Emergency Verified Motion for Child Pick-Up Order, is used to request a court order that directs law enforcement to take a minor child from the current caregiver and return the child to you. This form is intended for urgent situations where you have a legal right to the child, such as having a custody order or being the birth mother.
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Who can use this form?
This form is meant for individuals who have a pre-existing legal right to physical possession of a minor child. You can use it if you have a court order granting you custody or time-sharing with the child. Additionally, if you are the birth mother of a child born out of wedlock and no other paternity order exists, you may also file this motion.
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How do I complete the form?
Complete the form by typing or printing in black ink. You will need to provide specific information about the child, the current caregiver, and your legal rights. Make sure to explain why you believe an ex parte order is necessary in paragraph 7. After filling out the form, sign it in front of a notary public or deputy clerk.
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What should I do after filing the form?
Once you file the form with the circuit court clerk, you should ask them to process your motion through emergency procedures. If the court grants your request without notifying the other party, take a certified copy of the order to the sheriff’s office for enforcement. Ensure that the order is served to the other party as required.
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What documents must accompany the form?
You must file several documents along with the Emergency Verified Motion for Child Pick-Up Order, including:
- A completed UCCJEA Affidavit.
- A certified copy of any existing custody or time-sharing order.
- A certified copy of the child's birth certificate if you are the birth mother and no paternity order exists.
- A certified copy of any judgment establishing paternity or custody if applicable.
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Can I file electronically?
Yes, you can file your documents electronically, but it is not required. If you choose to do so, make sure to follow the procedures outlined in Florida Rule of Judicial Administration 2.525. Ensure that you comply with all formatting requirements.
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What if the court denies my request for an ex parte hearing?
If the court denies your request, you will need to check with the clerk of court or family law intake staff to understand the local procedures for scheduling a hearing. Once you have a date, file a Notice of Hearing and serve the other party accordingly.
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What if I need assistance with the forms?
If you require help completing the forms, a nonlawyer can assist you. However, they must provide you with a Disclosure from Nonlawyer before helping. The nonlawyer must also include their contact information on every form they assist you with.
Other PDF Forms
My Access Fax Number - The program aims to support family recovery and resiliency.
How Old Do You Have to Be to Legally Move Out - The form directs where to file the petition based on one's county in Florida.
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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.941(d)
EMERGENCY VERIFIED MOTION FOR CHILD
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
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
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
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances.
IMPORTANT INFORMATION REGARDING
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
Instructions for Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child
To serve and receive documents by
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
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.
OR
A certified copy of any judgment establishing paternity,
Order These family law forms contain an Order to
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ ___
Division: __________________________________________________________________________________ ________
__________________________________,
Petitioner,
and
__________________________________,
Respondent,
EMERGENCY VERIFIED MOTION FOR CHILD
I, {full legal name} __________________________________________________________ being sworn,
certify that the following information is true:
1.This is a motion to enforce existing custody or time
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
{Indicate ALL that apply}:
a._____ Custody or
A final judgment or order awarding custody of or
{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
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
or order awarding custody of or
________________________________________________________________________________
______________________________________________________________________________
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
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}: ________________________________________________
______________________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick- Up Order (11/15)
________________________________________________________________________________
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} _______________________________________________________________________
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
Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick- Up Order (11/15)
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
___________________________________________
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}_________________.
Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick- Up Order (11/15)
Dos and Don'ts
- Do ensure you have a pre-existing legal right to physical possession of the child(ren) before filling out the form.
- Do type or print the form in black ink for clarity.
- Do explain your reasons for requesting an ex parte order in paragraph 7 of the form.
- Do file the original form with the clerk of the circuit court in the county where the child(ren) is physically located.
- Don't forget to include all required attachments, such as the UCCJEA Affidavit and any certified copies of court orders or birth certificates.
- Don't neglect to sign the form in front of a notary public or deputy clerk.
- Don't assume you can skip the electronic filing procedures if you choose to file electronically; follow the local rules carefully.
- Don't overlook the importance of serving the other party with the motion and any court orders as required.