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Motion For Temporary Orders Sample Without Oral Hearing In Hillsborough
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State:
Multi-State
County:
Hillsborough
Control #:
US-000299
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FAQ
In Florida, you can apply for emergency custody in two ways: with an ex-parte motion or by notifying the other parent. In an ex-parte motion, the judge decides on the petition before the other parent is notified. Ex-parte motions are rare and used only for the most serious cases.
Temporary relief refers to a procedure in a Florida family law case where one side or the other requests the Court order “temporary provisions” in the early phase of a case. A Temporary Relief hearing is normally not held until after mediation.
Overview. During a civil case, most of your interactions with the judge will be the result of you or the other side filing a written motion. A “motion” is a written request to the judge that asks for a ruling on some issue in the case.
The goal of a standing temporary order is to enforce some basic family stability to help facilitate the divorce process. Florida courts believe that it is in the best interests of a child to have regular contact with both parents. This is true after a divorce and also while divorce proceedings are ongoing.
The court procedure that is used to get a temporary order is a motion. A motion is a procedure where one party asks for the court to make an temporary order for some sort of relief while waiting for the trial. It is important to note that there are different types of motions, urgent or non-urgent.
To address the immediate needs of the children involved, a motion for temporary custody is filed to establish a temporary arrangement until a final custody agreement is reached.
The first hearing you will probably encounter is a temporary hearing to establish your temporary rights to certain property, alimony, timesharing of your children, child support, and other matters. The hearings are of short duration with limited testimony and evidence being presented.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with: Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)
The motion must be supported by evidence. The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.