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The Florida Emergency Verified Motion for Child Pick-Up Order, formally known as Family Law Form 12.941(d), serves as a critical tool for individuals facing urgent situations regarding the custody of minor children. This form is specifically designed for use in emergencies, allowing a person with a legal right to custody to request that law enforcement intervene to retrieve a child from the current custodian. It is essential to understand that this form is intended for those who either possess an existing court order granting them custody or time-sharing rights or are the birth mother of the child in question. The process begins with the completion of the form, which must be signed in the presence of a notary public or deputy clerk. In most cases, the request is made without prior notice to the other party, emphasizing the urgent nature of the situation. Filing the form requires careful adherence to specific procedures, including electronic filing and service of documents, as mandated by Florida's judicial rules. Additional documentation, such as a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit, may also be necessary. This form not only facilitates the immediate retrieval of a child but also ensures that the rights of all parties involved are respected and upheld during a potentially distressing time.

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW

FORM 12.941(d)

EMERGENCY VERIFIED MOTION FOR CHILD PICK-UP ORDER (11/15)

When should this form be used?

You may use this form to request that the court enter an order directing the sheriff or other law enforcement officer to take a minor child(ren) from the person who currently has physical possession of the child(ren) and deliver the child(ren) to your physical custody or possession. This form should only be used in an emergency by a person who has a pre-existing legal right to physical possession of a minor child. This means that you already have a court order awarding you legal custody of or time-

sharing with the child(ren) OR you are the birth mother of one or more children born out of wedlock a d o ou t o de has add essed a y othe pe so ’s pa e tal ights. Before proceeding, you should

read General Information for Self-Represented Litigants found at the beginning of these forms.

This form should be typed or printed in black ink. This form presumes that you want the court to enter an ex parte order without giving the other side advance notice of the hearing. You should explain your reasons for why such an ex parte order should be entered in paragraph 7 of this form. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original, along with all of the other forms required, with the clerk of the circuit court in the county where the child(ren) is (are) physically located and keep a copy for your records. You should also ask the clerk to process your motion though their emergency procedures.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.

Instructions for Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick-Up Order (11/15)

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

What should I do next?

If the court enters an order without advance notice to the other party, you should take a certified copy of

the o de to the she iff’s office for further assistance. You

ust ha e this fo

a d the ou t’s o de

served by personal service on the other party. You should

ead the ou t’s o de

a efully. The order

may require the sheriff to place the child(ren) somewhere other than in your physical possession. Look for directions in the order that apply to you and note the time and place of the hearing scheduled in the order. You should go to the hearing with whatever evidence you have regarding yourmotion.

If the court will not enter an order without advance notice to the other side, you should check with the clerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing on your motion, unless the court sets a hearing in its order denying your request for an ex parte hearing. When you know the date and time of your hearing, you should file Notice of

Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, and use personal service to notify the othe pa ty of you otio , the ou t’s o de , if a y, a d the hearing.

Special notes...

With this form you must also file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).

A certified copy of the court order showing that you have legal custody of or time-sharing with the child(ren), if any.

OR

A certified copy of the hild e ’s birth certificate(s), if you are the birth mother of a child born out of wedlock and no court order addressing paternity exists.

OR

A certified copy of any judgment establishing paternity, time-sharing with or custody of the minor child(ren).

Order These family law forms contain an Order to Pick-Up Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.941(e), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a blank order form with you to the hearing.

If so, you should type or print the heading, including the circuit, county, case number, division, and the pa ties’ a es, a d lea e the est la k fo the judge to o plete at you hearing.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions for Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick-Up Order (11/15)

IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,

IN AND FOR ________________________ COUNTY, FLORIDA

Case No.: ___________________________ ___

Division: __________________________________________________________________________________ ________

__________________________________,

Petitioner,

and

__________________________________,

Respondent,

EMERGENCY VERIFIED MOTION FOR CHILD PICK-UP ORDER

I, {full legal name} __________________________________________________________ being sworn,

certify that the following information is true:

1.This is a motion to enforce existing custody or time -sharing rights (as an operation of law or court-ordered) regarding the following minor child(ren):

Name Sex Birth Date Race Physical Description

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

2.Currently, the child(ren) subject to this motion is (are) in the physical possessionof

{full legal name} _________________________________________________________________

whose address or present physical location is: _________________________________________

_______________________________________________________________________________

This individual’s elatio ship to the i o hild e is: _________________________________

_______________________________________________________________________________

3.I _____ am _____ am not married to the person named in paragraph 2.

4.Status of minor child(ren). I have a superior right to custody of or time-sharing with the minor child(ren) over the person named in paragraph 2 because:

{Indicate ALL that apply}:

a._____ Custody or Time-Sharing has been established by a court.

A final judgment or order awarding custody of or time-sharing with the minor child(ren) was made on {date} _____ in {name of court} ___________________________________

{case number} ____________________. This order awarded custody of or specific time-

sharing with the minor child(ren) to me. This final judgment or order applies to the following minor child(ren): {list name(s) of the child(ren) or write all}

Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick- Up Order (11/15)

_______________________________________________________________________________

_______________________________________________________________________________

A certified copy of said final judgment or order is attached, has not been modified, and is still in effect. {Indicate if applicable} _____. This order is an out-of-state court order which is entitled

to full faith and credit enforcement under the Uniform Child Custody Jurisdiction and Enforcement Act and/or the federal Parental Kidnaping Prevention Act.

b._____ Custody or time-sharing is established as an operation of law. I am the birth mother of the minor child(ren) who was (were) born out of wedlock and there is no final judgment

or order awarding custody of or time-sharing with the following minor child(ren): {list name(s) of the child(ren) or write all}

________________________________________________________________________________

______________________________________________________________________________

1. _____ Paternity has NOT been established. A certified copy of the minor hild e ’s

birth certificate is attached and has not been amended.

2._____ Paternity has been established. A certified copy of the final judgment of paternity, which shows no award of custody or time-sharing was made, is attached. This order has not been changed and is still in effect.

c. _____ Other: ________________________________________________________________

________________________________________________________________________________

______________________________________________________________________________

________________________________________________________________________________

5.A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with thismotion.

6. Facts relati g to the i or child re ’s curre t situation.

[Indicate ALL that apply]

a._____ The person named in paragraph 2 wrongfully removed or wrongfully detained the minor child(ren) on {date} __________ as follows: ______________________________________

______________________________________________________________________________

________________________________________________________________________________

______________________________________________________________________________

________________________________________________________________________________

______________________________________________________________________________

Please indicate here if you are attaching additional pages to continue these facts.

b._____ I believe that the minor child(ren) is (are) in immediate danger of harm or

e o al f o this ou t’s ju isdi tio hile ith the pe so a ed i pa ag aph 2 ased o the

following: ______________________________________________________________________

________________________________________________________________________________

______________________________________________________________________________

c. The current location of the minor child(ren) is: {choose only ONE} ( ) unknown ( ) believed to be at the following address(es) with the following people {list both the address and the people you believe will be there}: ________________________________________________

______________________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick- Up Order (11/15)

________________________________________________________________________________

7.Advance notice of this motion to the individual named in paragraph 2 should not be required because: ____________________________________________________________

___________________________________________________________________________

____________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

8.If needed, I can be contacted for notice of an emergency or expedited hearing at the following addresses/locations: __________________________________________________

Name of Contact Person: ______________________________________________________

Address: ____________________________________________________________________

Telephone number(s) where I (or my designee) can be reached: {give name of individual to call} _______________________________________________________________________

Name of Contact Person: ______________________________________________________

Address: ____________________________________________________________________

Telephone number(s) where I (or my designee) can be reached: {give name of individual to call} _______________________________________________________________________

9.Attor eys’ Fees, Costs, a d Suit Monies. [Indicate if applicable]

_____ I have filed this motion because of wrongful acts of the person listed in paragraph 2

a o e. I e uest that this Cou t a a d easo a le atto ey’s fees, osts, a d suit o ies as

applicable or authorized under Florida law, the UCCJEA, and other legal authorities.

WHEREFORE, I request an Emergency Order to Pick-Up Minor Child(ren), without advance notice, directing all sheriffs of the State of Florida or other authorized law enforcement officers in this state or any other state to pick up the previously named minor child(ren) and deliver them to my physical custody.

Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick- Up Order (11/15)

I understand that I am swearing or affirming under oath to the truthfulness of the claims made above and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated:_______________________ ____________________________________________

Signature of Party

Printed Name: _______________________________

Address:____________________________________

City, State, Zip: ______________________________

Telephone Number: __________________________

Fax Number: ________________________________

Designated E-mail Address(es):__________________

___________________________________________

STATE OF FLORIDA

COUNTY OF _______________________

Sworn to or affirmed and signed before me on __________ by _________________________________.

_____________________________________________

NOTARY PUBLIC or DEPUTY CLERK

_____________________________________________

[Print, type, or stamp commissioned name of notary or clerk.]

_____ Personally known

_____ Produced identification

Type of identification produced ____________________________________.

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of:

{name of individual}, ___________________________________________________________________,

{name of business}_____________________________________________________________________,

{address} ____________________________________________________________________________,

{city}_________________,{state} _____, {zip code}_________,{telephone number}_________________.

Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child Pick- Up Order (11/15)

➤ PDF File

Form Specifications

Fact Name Description
Purpose of the Form This form is used to request a court order for law enforcement to take a minor child from their current custodian and deliver them to the petitioner’s custody.
Eligibility Criteria The petitioner must have a pre-existing legal right to physical possession of the child, such as a court order for custody or being the birth mother of a child born out of wedlock.
Ex Parte Order The form allows for an ex parte order, meaning the other party does not receive advance notice of the hearing.
Filing Requirements The original form must be filed with the clerk of the circuit court in the county where the child is located, along with any required supporting documents.
E-Filing Mandate All documents must be filed electronically unless specific exceptions apply, as outlined in Florida Rule of Judicial Administration 2.525.
E-Service Requirement After initial service, all documents must be served via electronic mail, following the guidelines of Florida Rule of Judicial Administration 2.516.
Supporting Documents Petitioners must file additional forms, such as the UCCJEA Affidavit and proof of custody or birth certificates, depending on their situation.
Emergency Hearing If the court does not grant the ex parte request, the petitioner must schedule a hearing and notify the other party in accordance with local procedures.

Florida Emergency: Usage Guidelines

Filling out the Florida Emergency form requires careful attention to detail. Once completed, the form will be submitted to the court, and you will need to follow specific procedures for filing and serving the motion. It's important to ensure all information is accurate and that you have the necessary supporting documents ready.

  1. Begin by downloading the Florida Emergency Verified Motion for Child Pick-Up Order form.
  2. Type or print the form in black ink for clarity.
  3. At the top of the form, fill in the name of the judicial circuit and county where you are filing.
  4. Enter the case number and division, if applicable.
  5. Provide your full legal name as the petitioner.
  6. List the respondent's full legal name.
  7. In paragraph 1, specify the minor child(ren) involved by providing their names, sex, birth dates, race, and physical descriptions.
  8. In paragraph 2, indicate who currently has physical possession of the child(ren) and their relationship to the children.
  9. Answer whether you are married to the person in paragraph 2 by checking the appropriate box in paragraph 3.
  10. In paragraph 4, state your legal right to custody or time-sharing with the child(ren) and provide supporting details.
  11. Ensure that you attach the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit as required in paragraph 5.
  12. In paragraph 6, describe the current situation regarding the child(ren), including any wrongful removal or danger to the child(ren).
  13. In paragraph 7, explain why advance notice of this motion should not be required.
  14. Provide your contact information in paragraph 8, including names, addresses, and telephone numbers where you can be reached.
  15. If applicable, indicate in paragraph 9 whether you are requesting attorney’s fees or costs.
  16. Sign the form in the presence of a notary public or deputy clerk.
  17. Make copies of the completed form and all supporting documents for your records.
  18. File the original form and all required documents with the clerk of the circuit court in the county where the child(ren) are physically located.
  19. Request that the clerk processes your motion through emergency procedures.

Your Questions, Answered

What is the Florida Emergency form used for?

The Florida Emergency form, specifically the Emergency Verified Motion for Child Pick-Up Order, is used to request a court order that allows law enforcement to take a minor child from the person currently possessing them and return the child to your custody. This form is intended for emergencies and should only be used by individuals who have a legal right to physical custody of the child, such as those with a court order for custody or time-sharing, or birth mothers of children born out of wedlock.

Who can file this form?

This form can be filed by individuals who have a pre-existing legal right to physical possession of a minor child. This includes parents with a court order for custody or time-sharing and birth mothers of children born out of wedlock where no paternity order has been established. It is crucial that the situation qualifies as an emergency.

What should I include in the form?

You need to provide specific information about the child, including their name, sex, birth date, and physical description. You must also detail the current custodian's identity and relationship to the child. Additionally, you should explain why you believe the child is in immediate danger and why advance notice to the other party should not be required.

What happens after I submit the form?

If the court grants your motion without notifying the other party, you must take a certified copy of the order to the sheriff's office for enforcement. You will also need to serve the other party with the order and any other required documents. If the court denies your request for an ex parte hearing, you may need to schedule a hearing and notify the other party accordingly.

What additional documents do I need to file with the form?

Along with the Emergency Verified Motion for Child Pick-Up Order, you must file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit. You may also need to include a certified copy of any existing custody orders or the child's birth certificate if you are the birth mother without a court order addressing paternity.

Can I file the form electronically?

Yes, you can file the form electronically, but it is not required. If you choose to e-file, you must comply with Florida Rule of Judicial Administration 2.525 and follow the specific procedures of the judicial circuit where you are filing.

What if I want to serve documents by email?

You may choose to serve documents by email after the initial service of process. If you opt for electronic service, you must designate your email address using the Designation of Current Mailing and E-mail Address form and comply with the rules regarding electronic service as outlined in Florida Rule of Judicial Administration 2.516.

What should I do if I need to attend a hearing?

If the court sets a hearing, you should prepare to present evidence supporting your motion. Make sure to file a Notice of Hearing to inform the other party of the date and time. It's important to read the court’s order carefully, as it may contain specific instructions regarding the hearing.

What if I need help filling out the form?

If you require assistance with the form, a nonlawyer can help you. However, they must provide you with a Disclosure from Nonlawyer form and include their contact information on the forms they assist you with. Ensure you understand the process and requirements before proceeding.

Common mistakes

  1. Incomplete Information: Failing to provide all necessary details about the minor child(ren) can lead to delays. Ensure that names, birth dates, and physical descriptions are accurately filled out.

  2. Missing Signatures: Not signing the form before a notary public or deputy clerk is a common oversight. Remember, your signature is essential for the document's validity.

  3. Incorrect Filing Location: Submitting the form to the wrong circuit court can result in the motion being dismissed. Always file in the county where the child(ren) is physically located.

  4. Neglecting Supporting Documents: Forgetting to attach necessary documents, such as custody orders or birth certificates, can jeopardize your motion. Check that all required attachments are included.

  5. Not Following E-Filing Rules: If opting for electronic filing, failing to adhere to the specific rules can lead to complications. Familiarize yourself with Florida Rule of Judicial Administration 2.525.

  6. Ignoring Advance Notice Requirements: Not explaining why advance notice should not be given can weaken your case. Use paragraph 7 to clearly articulate your reasons.

  7. Overlooking Emergency Procedures: Not asking the clerk to process your motion through emergency procedures may delay your request. Be proactive in ensuring that your motion is treated with urgency.

Documents used along the form

The Florida Emergency form is a crucial document for individuals seeking immediate legal action regarding child custody. However, several other forms and documents often accompany it in these situations. Understanding these related forms can help streamline the process and ensure all necessary paperwork is completed.

  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This form, Florida Supreme Court Approved Family Law Form 12.902(d), provides the court with essential information about the child's custody history and jurisdiction. It helps establish which court has the authority to make custody decisions.
  • Notice of Hearing (General): Using Florida Supreme Court Approved Family Law Form 12.923, this document notifies the other party of the scheduled hearing regarding the motion. Proper service is crucial to ensure all parties are informed and can prepare accordingly.
  • Order to Pick-Up Minor Child(ren): This is a form the judge may complete during the hearing. It officially directs law enforcement to take the child from the current custodian and deliver them to the requesting party.
  • Certificate of Service (General): This form, Florida Supreme Court Approved Family Law Form 12.914, confirms that the other party has been served with the necessary documents. It ensures compliance with legal requirements for notification.
  • Designation of Current Mailing and E-mail Address: Florida Supreme Court Approved Family Law Form 12.915 allows parties to provide their current contact information for service of process. This form is essential for maintaining communication throughout the legal proceedings.
  • Disclosure from Nonlawyer: If a nonlawyer assists in completing forms, this document ensures that the nonlawyer provides their information and discloses their role. It protects the rights of the individual receiving assistance.

Filing these documents correctly and understanding their purpose can significantly impact the outcome of custody-related cases. Each form plays a specific role in ensuring that the legal process runs smoothly and that the best interests of the child are prioritized.

Similar forms

The Florida Emergency form, specifically the Emergency Verified Motion for Child Pick-Up Order, shares similarities with several other legal documents. Each of these documents serves a unique purpose but often addresses urgent situations involving child custody or parental rights. Here’s a breakdown of six similar documents:

  • Petition for Temporary Custody: This document allows a caregiver to seek temporary custody of a child in emergency situations. Like the Emergency form, it requires proof of immediate need for intervention to protect the child’s welfare.
  • Motion for Contempt: A party can file this motion when another party fails to comply with a court order regarding custody or visitation. It shares the urgency of the Emergency form, as it seeks immediate enforcement of existing rights.
  • Emergency Protective Order: This order is typically used in cases of domestic violence to protect a victim and their children. Similar to the Emergency form, it can be issued without prior notice to the other party when immediate safety is at risk.
  • Request for Ex Parte Relief: This request allows a party to seek immediate relief from the court without notifying the other party. It parallels the Emergency form's intent to address urgent matters without delay.
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This affidavit is often filed alongside custody motions to establish jurisdiction. It complements the Emergency form by clarifying which court has authority over custody matters.
  • Notice of Hearing: This document is used to inform the other party of a scheduled hearing regarding custody issues. While it typically requires advance notice, it is essential in cases where the Emergency form is filed to ensure all parties are informed of upcoming legal proceedings.

Dos and Don'ts

When filling out the Florida Emergency form, there are several important things to keep in mind. Here’s a list of dos and don’ts to help guide you through the process.

  • Do read the instructions carefully before starting.
  • Do ensure you have a legal right to custody or time-sharing with the child(ren).
  • Do fill out the form in black ink or type it for clarity.
  • Do provide accurate and complete information about the child(ren) and their current situation.
  • Do explain your reasons for requesting an ex parte order in the designated section.
  • Don’t submit the form without signing it in front of a notary public or deputy clerk.
  • Don’t forget to file the original form with the clerk of the circuit court.
  • Don’t skip including all necessary supporting documents, such as custody orders or birth certificates.
  • Don’t assume that the court will schedule a hearing without your request.
  • Don’t overlook the importance of following local procedures for emergency motions.

By following these guidelines, you can help ensure that your submission is complete and accurate, which may improve your chances of a favorable outcome.

Misconceptions

Misconceptions about the Florida Emergency form can lead to confusion and delays in urgent situations. Here are five common misunderstandings:

  • Only attorneys can file the Emergency Verified Motion for Child Pick-Up Order. Many believe that only legal professionals can handle this process. In reality, self-represented litigants can file this motion without an attorney, provided they follow the instructions carefully.
  • This form can be used for any custody issue. Some think this form is a general custody application. However, it is specifically designed for emergency situations where a child is in immediate danger or has been wrongfully taken.
  • Advance notice to the other party is always required. A common misconception is that the other party must be notified before filing. The form allows for an ex parte order, meaning you can request the court's assistance without notifying the other party in urgent cases.
  • Filing electronically is mandatory for everyone. Many people assume that all documents must be filed electronically. While the rules encourage electronic filing, self-represented litigants have the option to file in person if they choose.
  • The Emergency Verified Motion guarantees immediate custody. Some may believe that filing this motion will automatically result in custody. The court will review the circumstances and make a decision based on the evidence presented.

Key takeaways

Filing the Florida Emergency Verified Motion for Child Pick-Up Order can be a critical step in ensuring the safety and well-being of your child(ren). Here are some key takeaways to keep in mind:

  • Use the form in emergencies only. This motion is specifically designed for situations where immediate action is necessary to protect a minor child. You must have a pre-existing legal right to physical custody.
  • Complete the form accurately. Ensure that all required sections are filled out clearly and truthfully. Provide detailed information about the child(ren) and the circumstances necessitating the motion.
  • File the motion promptly. After completing the form, file it with the clerk of the circuit court in the county where the child(ren) is located. Do not forget to ask the clerk to process your motion through their emergency procedures.
  • Prepare for a hearing. If the court denies your request for an ex parte order, you will need to schedule a hearing. Be ready to present any evidence that supports your case and follow up with proper notice to the other party.
  • Understand electronic filing and service. Familiarize yourself with the rules regarding e-filing and e-service. These procedures may be necessary for your case, and compliance is crucial to avoid delays.

Taking these steps seriously can help you navigate this challenging process more effectively. Time is of the essence when it comes to the safety of your child(ren), so act swiftly and diligently.