How to File an Emergency Custody Order in Florida

TL;DR

• Emergency custody in Florida is only granted in cases of immediate danger, abuse, abandonment, or risk of a child being taken out of state.

• Courts offer two types of motions: rare ex-parte motions (without notifying the other parent) and regular emergency motions with notice.

• Judges make quick decisions based on well-prepared motions, often without hearing arguments first.

• Filing false or unnecessary emergency motions can harm your case and credibility.

• Working with an experienced family law attorney is essential to ensure your motion is taken seriously.

Is it possible to submit a motion for emergency custody in Florida, and what is the procedure for filing an emergency custody order in the state?

Wondering if you can file a motion for an emergency custody order in Florida? Here’s how you can determine if your situation qualifies. Emergency custody orders can be filed if there are indications that the child is in immediate physical danger, experiencing abuse, or at risk of being taken out of the state. If you believe these circumstances are met here’s how to file an emergency custody order in Florida.

How to file an emergency child custody order in Florida:

Filing a motion for an emergency hearing in Florida is strictly reserved for dire circumstances that directly imperil the welfare of a party or child, serving as a final recourse. Accompanying this motion, a UCCJEA form must be meticulously completed. Misuse or unwarranted filing may lead to severe sanctions, possibly contempt. Every assertion within this motion is made under oath, demanding unwavering certainty in the accuracy of all stated facts.

1. Determine what emergency motion works best for your situation. Florida courts generally grant two types of emergency motions: ex-parte and regular emergency motions with notice to the other side. An ex-parte emergency motion is filed and sent directly to the judge without informing the other party.
2. Contact an experienced family lawyer in Florida – The attorney will evaluate your case to understand what has occurred and how they should describe the situation when filing the emergency pleadings with the Court. 
3. File a motion with the judge.
4. Work with your attorney to get ready for Court. 

One very common issue that divorce attorneys in Florida deal with is the situation where emergency action must be taken to protect children’s physical or emotional safety by seeking emergency custody. Many different terms can describe this process, including an emergency motion for custody, temporary emergency relief, an emergency motion to suspend contact, etc. Regardless of what you call it, a few common threads will be present in every situation that a child custody lawyer in Florida can help with. Important to note: if someone is in imminent danger, contact law enforcement immediately. After contacting them, contact us.

Jump To:

• Temporary emergency custody
• What are the 2 types of emergency motions in Florida?
• What do you need to show to get emergency child custody?
• How to Get Emergency Child Custody in Florida
• Why should you use emergency motions for custody sparingly?

Temporary Emergency Custody

Florida law § 61.517 Temporary emergency jurisdiction begins with:

“A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” (source)

Therefore, the main reasons courts in Florida allow emergency custody typically include:

• Child abandonment
• Child abuse or mistreatment (actual or threatened)
• Domestic violence (actual or threatened) to a sibling or parent of the child.  Sean Smallwood can help and is a restraining order attorney near you in Orlando.

Two Types of Motions For Emergency Custody in Florida

Florida courts generally grant two types of emergency custody order motions: ex-parte motions and regular emergency motions with notice to the other side.

1. Ex-Parte Motions

An ex-parte emergency motion is filed and sent directly to the judge without informing the other party.

Some examples of instances where an ex-parte emergency motion may be appropriate are where there is a high risk for a parent to remove a child from the jurisdiction if they become aware of the motion being filed or if immediate harm is a possibility for a child if the other parent becomes aware that a motion has been filed.

Ex-parte emergency pleadings are rare because few situations are so serious that they rise to the level where the other party should not receive notice of the motion, the hearing, or the fact that the judge is considering the motion without having a chance to be heard or present their side of the story.

2. Regular Emergency Motions With Notice to the Other Side

The second type of emergency motion is a normal one with notice to the other party. This is a more traditional type of motion served on the other party and offers the other party an opportunity to make objections, present arguments, and put evidence/witness testimony in their defense.

What You Need to Show To Get an Emergency Hearing in Family Court

Not only is it important for child custody attorneys to identify what types of fact scenarios will rise to this level, but attorneys must also understand how to properly talk about and describe the situation when they write emergency pleadings to be filed with the Court. These cases can get complicated, which is why we suggest hiring a family law attorney to represent you in family court Orlando for child custody cases.

This is because the judge is going to usually make a decision whether or not to grant an emergency motion based on a quick reading of the motion and not taking an argument from either parent.

For this reason, a poorly-written emergency motion or one that is written too quickly will have a lower chance of success because it may leave out important facts that the judge needs to know to exercise their emergency powers.

How to Get Emergency Child Custody in Florida

Important: if someone is in imminent danger, contact law enforcement immediately. 

In Florida, the most common course of events for a party seeking an emergency custody order is as follows:

1. First, you will start by contacting an experienced family lawyer in Florida. The attorney will evaluate your case to understand what has occurred and how they should describe the situation when filing the emergency pleadings with the Court. The outcome of your requests relies heavily on a well-written emergency motion. 
2. Second, the motion is filed, and a copy is delivered by email or hand to the judge’s office. 
3. Third, in terms of the timeline, you may be wondering how long does an emergency motion take? The judge will review the motion on the same day and make an immediate determination whether the allegations contained in the emergency motion rise to the level that would permit the matter to be heard on an emergency basis.
4. Lastly, if the judge decides an emergency custody motion is warranted, they will issue a temporary order granting the requested relief and set an expedited hearing. 

Recent Emergency Custody Cases in Orlando: Protecting Children and Parental Rights

A Look at How Emergency Custody Motions Have Played a Key Role in Recent Cases

Emergency custody motions are often used to address urgent issues such as parental abduction or when a child is at risk of immediate harm. Below are a few recent examples where emergency custody motions made all the difference.

Recent Case: Protecting a Child from Wrongful Removal

One of the most critical aspects of emergency motions is when a parent tries to take a child outside of the jurisdiction, especially when there are threats of parental alienation. In one recent case, I represented a father whose fiancée planned to take their child to Colombia. The mother had a history of threatening to take the child abroad to prevent the father from having access.

We filed an emergency motion immediately after learning that the mother planned to leave the country. With evidence of previous threats and the mother’s intention to leave, the court granted an emergency order to prevent the child from being taken out of the jurisdiction. This case highlights the importance of acting swiftly when a child’s safety and parental rights are at risk.

Recent Case: False Allegations of Abuse and Custody Manipulation

In a high-conflict divorce case, false allegations of abuse were being made against a father by the mother. Every time the children came back from visiting their father, the mother claimed to find bruises or signs of abuse, which led her to file repeated emergency motions to suspend the father’s time-sharing. Despite no evidence of abuse, these motions caused significant emotional distress for both the children and the father.

After challenging these claims in court and having a guardian ad litem assess the situation, the court sided with the father, recognizing the repeated false allegations were causing unnecessary harm to the children. This case is a prime example of how the misuse of emergency motions can backfire, ultimately harming the children more than helping.

Use Emergency Motions for Custody Sparingly

Attorneys must reserve filing for emergency custody in Florida for only the most extremely rare situations. This is because Florida Family Court judges keep track of which attorneys file an excessive number of emergency motions and which attorneys file them only rarely.

Judges will admit that attorneys who file emergency motions excessively usually do not receive the same level of seriousness as lawyers who the judge knows only file this type of pleading in true emergency situations.

Emergency Injunctions for Child Custody: Suggested Next Steps

If you have questions about filing a motion for an emergency custody order in Florida, we’re here to help. Our team can assist you in determining if your situation qualifies for an emergency custody order. If you believe your circumstances align with these criteria, we can guide you through the process of filing an emergency custody order in Florida. If you are going through a divorce near Orlando and think emergency custody might be your next step, contact our office and speak to a divorce attorney today. Our family law attorneys can advise you as to whether your situation rises to the level of a true emergency in the eyes of the court.

Reviews of Sean Smallwood, P.A.

These are just some of our 67+ Google reviews.

⭐⭐⭐⭐⭐ “Highly recommend! I cannot say enough good things about Sean Smallwood and his team! They were amazing to work with! They always put my best interest and my daughter’s best interest first. They took the time to talk to me and understand my situation to formulate a strategic plan of action. I’m so grateful for this firm!” –Jennifer R. B.

⭐⭐⭐⭐⭐ “Sean and his team were a blessing, if it wasn’t for them I wouldn’t have been able to be a part of my children’s lives, I will forever be grateful for them. I went from being able to only see them a few hours a week to 50/50 custody. Thank you so much.” –Kurt E.

⭐⭐⭐⭐⭐ “Sean Smallwood is someone I would highly recommend if you’re going through a custody case. His team is dedicated and share the same vision…. The end result was more than I had expected in a great way. I would definitely refer him to friends and family.” –Charlie C.

Sean Smallwood

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.