A Closer Look at the Misuse of Emergency Motions in Family Court in Florida
Why Many Emergency Motions Are Doomed to Fail
When filing an emergency motion in Florida, many attorneys and clients fall into a trap: treating a non-urgent issue as an emergency. But judges have strict standards for what qualifies as an emergency, and most routine custody disputes do not meet these criteria.
What Counts as Emergency Motions in Family Court
Emergencies in family law are meant to address situations that involve imminent harm to a child or property. For example, a child in immediate danger of physical or emotional harm would warrant a swift court response. But a parent who is denied their scheduled time-sharing weekend? That’s a situation for regular court hearings—not an emergency motion.
The Impact on Clients
The most significant issue with filing unnecessary emergency motions is the damage it does to both the lawyer’s reputation and the client’s trust. Clients might feel relieved temporarily, but when a judge denies the motion, they often feel betrayed. Even worse, when a lawyer gains a reputation for filing frivolous motions, their credibility with judges is severely harmed—making future legitimate motions harder to get approved.
How Lawyers Can Protect Their Clients
Sometimes, it’s more beneficial for an attorney to set realistic expectations for their clients, even if it means delivering unwelcome news. Being clear about the legal standard and guiding clients through the correct process can help them avoid the disappointment that comes with misusing emergency motions.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.