Emergency Motion For Child Pick Up Order
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How to fill out Emergency Motion For Child Pick Up Order?
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FAQ
An emergency motion is a motion that is presented in court without the normal requisite notice. It is a special motion used for considering a decision quickly in order to avoid irreparable harm. An emergency motion provides immediate relief as the response is delivered more quickly than a normal one by the court.
The father cannot attempt to take the child without first obtaining a court order. If the father attempts to do so, the mother should call the police. Under Florida law, anyone attempting to take the child without a court order can be charged with the crime of interference with custody.
A Florida Child Pick-Up Order is issued to secure the return of a minor child from one party and deliver that child to a party who has a pre-existing legal right to the physical possession of the minor child.
Florida courts generally only grant emergency custody if there is an imminent and genuine threat to the health, safety, or psychological well-being of a child. Some specific examples that may warrant emergency child custody are: Severe child neglect or recent abuse. Sincere threats to abduct the child.
Chapter 787 of the Florida Statute contains provisions regarding custody offenses and kidnapping. Florida law defines parental kidnapping as forcibly or secretly abducting or imprisoning another person against their will.