The Florida Emergency Form is a legal document used to request a court order for the immediate return of a minor child from an individual who currently has physical custody. This form is intended for situations where there is an urgent need to protect the child, and it should only be completed by someone who has a legal right to custody or time-sharing. If you find yourself in such a situation, it is essential to fill out this form accurately and promptly; you can start by clicking the button below.
The Florida Emergency Verified Motion for Child Pick-Up Order is a crucial legal tool designed for individuals seeking immediate intervention from the court regarding the custody of minor children. This form is specifically intended for situations where a person with a pre-existing legal right to physical custody needs to act swiftly to retrieve a child from someone else who currently has possession. The form allows the petitioner to request that law enforcement take the child from the current custodian and return them to the petitioner’s custody. It is imperative that the individual using this form has either a court order that grants them legal custody or time-sharing rights, or is the birth mother of the child if no court order exists. The process requires the petitioner to provide detailed information about the child's current situation, including any immediate dangers the child may face. Additionally, the form presumes that the petitioner is seeking an ex parte order, meaning that the other party will not receive advance notice of the hearing. This aspect underscores the urgency of the situation, as the petitioner must articulate compelling reasons for the court to grant such an order without prior notification. After completing the form, it must be signed in front of a notary and filed with the clerk of the circuit court, along with other necessary documents, such as a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit and any relevant court orders or birth certificates. Understanding the procedural requirements and implications of this form is essential for those navigating this urgent legal landscape.
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 an important step for individuals seeking to request a court order for the immediate custody of a minor child. It is crucial to ensure that all required information is accurately provided to avoid delays in the process. Follow these steps carefully to complete the form correctly.
1. When should I use the Florida Emergency form?
This form is intended for situations where you need the court to order law enforcement to take a minor child from the current caregiver and return the child to you. It is specifically for emergencies and should only be used if you already have a legal right to the child, such as a custody order or if you are the birth mother of the child. Make sure to read the General Information for Self-Represented Litigants before proceeding.
2. What is an ex parte order?
An ex parte order is a court order that is issued without notifying the other party involved. This means that you can request the order without giving advance notice to the person currently in possession of the child. In your motion, you must explain why this type of order is necessary in paragraph 7 of the form.
3. How do I file the Florida Emergency form?
You must complete the form and then sign it in front of a notary public or a deputy clerk. After signing, file the original form with the clerk of the circuit court in the county where the child is physically located. It's important to keep a copy for your records. Additionally, ask the clerk to process your motion through their emergency procedures.
4. What documents do I need to file along with the Emergency form?
Along with the Emergency form, you need to file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit. If you have a custody order, include a certified copy of it. If you are the birth mother and no custody order exists, include a certified copy of the child's birth certificate. If paternity has been established, provide a certified copy of the judgment related to it.
5. What happens after I file the Emergency form?
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. You must also serve the other party with the court's order and your motion. If the court requires advance notice, check with the clerk or family law staff for the procedure to schedule a hearing.
6. Can I file the Emergency form electronically?
You have the option to file your documents electronically, but it is not mandatory for self-represented litigants. If you choose to file electronically, ensure you follow the specific procedures outlined in Florida Rule of Judicial Administration 2.525. You may need to review local rules for e-filing as well.
7. What if I want to serve documents by email?
If you decide to serve documents by email, you must designate your email address using the Designation of Current Mailing and E-mail Address form. Once you choose to serve documents electronically, you must continue to do so for all subsequent documents in the case. Make sure to comply with the format requirements in the Florida Rules of Judicial Administration.
8. What should I bring to the hearing?
When attending the hearing, bring any evidence you have to support your motion. If the court has issued an order, read it carefully to understand any specific instructions regarding the child’s placement or custody. You may also need to bring a blank order form for the judge to complete, depending on local requirements.
9. What if I need legal assistance?
If you are unsure about filling out the forms or need help, you can seek assistance from a nonlawyer. However, that person must provide you with a Disclosure from Nonlawyer form before assisting you. They must also include their contact information on the forms they help you complete.
Filling out the Florida Emergency Verified Motion for Child Pick-Up Order can be a daunting task. Many individuals make mistakes that can significantly impact their case. One common error is failing to establish a legal right to custody or time-sharing. The form specifically requires that you already have a court order or are the birth mother of the child. Without this legal basis, the court may dismiss your motion.
Another frequent mistake involves incomplete or inaccurate information about the child or the person currently in possession of the child. It's essential to provide correct names, birth dates, and physical descriptions. Omitting details or providing incorrect information can lead to confusion and delay the process.
Many people neglect to explain why they believe an ex parte order is necessary. In paragraph 7 of the form, you must articulate your reasons clearly. A vague or poorly constructed explanation may not convince the court of the urgency required for an emergency order.
Additionally, some individuals forget to attach necessary documents, such as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit or a certified copy of the custody order. Failing to include these documents can result in the court rejecting your motion outright.
Another common error is not following the proper filing procedures. The form must be filed with the clerk of the circuit court in the county where the child is physically located. Ignoring this requirement can lead to jurisdictional issues that complicate your case.
People often overlook the importance of notarization. After completing the form, it must be signed in front of a notary public or deputy clerk. Skipping this step can invalidate your motion and delay the proceedings.
Some individuals also misunderstand the requirements for electronic filing and service. The Florida Rules of Judicial Administration mandate that documents be filed electronically unless exceptions apply. Not adhering to these rules can lead to further complications in your case.
Lastly, failing to prepare for the hearing can be detrimental. If the court grants an ex parte order, you must be ready to present evidence at the subsequent hearing. Arriving unprepared can undermine your position and affect the outcome of your motion.
When dealing with family law matters in Florida, especially in emergencies involving child custody, various forms and documents often accompany the Florida Emergency form. Each of these documents serves a specific purpose and is essential for ensuring that the legal process runs smoothly.
These documents play a vital role in navigating family law issues in Florida, especially during emergencies. Properly completing and filing them can significantly impact the outcome of your case, so it's important to understand their purpose and requirements.
The Florida Emergency form, specifically the Emergency Verified Motion for Child Pick-Up Order, shares similarities with several other legal documents used in family law. Each of these documents serves a specific purpose in protecting the rights of individuals, particularly concerning child custody and emergency situations. Below are nine documents that are similar to the Florida Emergency form, along with a brief explanation of how they are alike.
When filling out the Florida Emergency form, it’s essential to approach the process with care and attention to detail. Here’s a list of things to keep in mind:
By following these guidelines, you can help ensure that your emergency motion is processed smoothly and effectively.
There are several misconceptions about the Florida Emergency form, specifically the Emergency Verified Motion for Child Pick-Up Order. Understanding these misconceptions can help clarify the process for those who may need to use this form.
Here are key takeaways regarding the Florida Emergency Verified Motion for Child Pick-Up Order:
Understanding these points can help ensure the proper use of the Florida Emergency form and facilitate the process of obtaining a court order for child pick-up.