What is a petition for temporary relief?
The court issues an order to prevent one parent from taking a child out of a city, county, or state for the purposes of hiding the child from the other parent. Motion for Exclusive Use of Marital Home. The court grants one spouse the exclusive right to live in the marital home during the divorce proceedings.
What happens at a hearing for temporary orders?
Typically, a temporary orders hearing will be handled in one of two ways, either by calling witnesses (including the parties) to the stand and asking them questions aimed at eliciting direct testimony from them (referred to as an “evidentiary hearing”) or by your attorney offering summaries of what witnesses would say.
What does motion for temporary relief mean?
What Is Temporary Relief? After a case is filed, but before it is resolved, sometimes it is necessary to ask the court for an award of “temporary relief.” This usually happens when the parties have a dispute about payment of ongoing bills, support, or issues involving children.
Can temporary orders be appealed?
Temporary orders cannot be appealed because they are not final judgments. Unfortunately, you will have only one chance to argue your side of the case when it comes to your child’s temporary arrangements. Thankfully, temporary orders should have no effect on the final ruling of the case.
What is a motion for pendente lite relief?
Pendente lite. It’s pronounced “pen-den-tay lee-tay” and it’s Latin for “pending the ligation.” The phrase refers to motions made before a court for judicial relief (outcomes) needed by a party during the pendency of a lawsuit, without waiting until it ends.
How do I file an emergency motion in Florida?
Florida Statute 39.201 mandates certain alleged abuses shall be reported to the Abuse Hotline at 1-800-96-ABUSE. The moving party shall so report in writing any such alleged abuse and attach a copy of the report to a written emergency motion, which shall be signed and filed by the moving party.
How much does it cost to file for emergency custody in Florida?
The filing fee is approximately $400. If you do not have the money to pay the filing fee, you can ask that the fee be waived. Ask the Clerk of Court for the form, “Application for Determination of Civil Indigent Status”, to apply for the fee waiver.
How long does an emergency motion take?
Once you file your motion, within 48 hours, a judge will review it to determine whether the circumstances merit that the court grant your request to treat it as an emergency. If it does, the judge will issue an order for immediate pick-up of your child.
Can you file for emergency custody if you are married?
Emergency custody usually is granted when there is a danger to the health, wellbeing or life of a child in a marriage or divorce. Typically, this occurs when one spouse is attempting to leave the other due to possible physical violence or if the life of the child is threatened.
What happens when you file for emergency custody?
At the emergency custody hearing, the judge will review the evidence and make a decision regarding custody. If the judge decides to change custody, he or she will issue a temporary order of custody. The judge provides the order to get the child to safety until the next step in the process can occur.