This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Motion Amend For Emergency Ex Parte Order In Florida
Category:
State:
Multi-State
Control #:
US-00003BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
The affidavit usually contains information about the parent-child relationship, the parent's capacity to meet the child's emotional and physical needs, the child's medical and educational background, and any other pertinent information that could aid the court in determining the child's custody.
Under Florida Statute 61.534, an emergency custody order can be issued when a child is likely to: Suffer serious and imminent physical harm, or. Be removed from the state.
In the context of child custody in Florida, an ex parte petition is typically filed when one parent believes there is an urgent need to obtain custody of a child without prior warning to the co-parent.
The emergency petition for custody must include a signed affidavit that states the child is in imminent danger of harm and should include documents or evidence that support the claim. The more thorough and solid the evidence, the more likely the judge will be to grant the emergency motion.
To qualify as an "emergency," a motion must arise from an unforeseen circumstance that arises suddenly and unexpectedly and requires immediate action in order to avoid serious or irreparable harm to one or more of the parties.
(After hour filing emergencies include, but are not limited to: need to seal filings on the public docket, correction of critical filing errors, requests for law enforcement warrants, motions for seizure of property, etc.)
The emergency motion must show (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur. See e.g. Hunter v. Hunter, 36 So. 3d 148 (Fla.
Florida Laws On Emergency Motions For Custody As stated in Florida Statute § 61.534, for the court to issue an order granting a parent or petitioner the ability to secure emergency custody of a child, the court must first determine that the child is likely to suffer physical harm or be removed from the state.
On motion and on such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
No reference shall be to a special magistrate without the express prior consent of the parties, except that the court upon good cause shown and without consent of the parties may appoint an attorney as a special magistrate to preside over depositions and rule upon objections.
More info
The ex parte order must set forth a notice of a set return hearing date and time certain for an evidentiary hearing on the issues raised in the ex parte motion. Download or obtain forms: Get the required forms from the Florida State Courts website or your local courthouse.A motion to modify or dissolve an ex parte emergency order must be heard within 5 days after the movant applies for a hearing. Granting an emergency motion without proper notice to the opposing party, absent a genuine emergency, deprives the opposing party of procedural due process. 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. For general information, click here. Any motion seeking ex parte relief, i.e. You should explain your reasons for why such an ex parte order should be entered in paragraph 7 of this form. Therein for an order described in the petition.