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For the purposes of an emergency motion, Florida defines a child emergency as a matter of imminent abuse, neglect or abandonment affecting the health, safety or welfare of a child.
In order to get emergency custody of your children, you must prove that your children are at substantial risk and that there would be irreparable injury to the child if the court waited to have a hearing.
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.
Emergency CasesFill out your court forms. Fill out these forms:Follow your local court's rules about temporary emergency orders.Include attachments and make at least 2 copies.File the forms at the courthouse.Pick up your filed papers from the clerk's office.
Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.