Do You Understand What is Considered an Emergency?
Florida defines a child emergency as a “matter of imminent abuse, neglect or abandonment affecting the health, safety or welfare of a child.” When a parent is arrested for:
- drug use/possession of drugs
- domestic violence
- Or, has been involuntarily committed under the Baker Act
An emergency motion may be filed as an immediate and temporary remedy. These types of motions will typically result in an 'Ex Parte' Petition. So, what does this mean?
What is an Ex Parte Petition?
An Ex Parte Petition simply means a petition that is reviewed and ruled upon by a Florida Court without the need for a hearing. Thus, resulting in a more immediate action to address the 'emergency'. It is important to keep in mind that the granted Ex Parte Petition is temporary and the judge will then schedule a hearing.
Did you know that.....
- Florida law requires that anyone who files an Ex Parte Motion or Petition must swear under oath that all facts stated in the petition are both accurate and true. For this reason, a detailed statement outlining the emergency and issues at hand is necessary.
- The petitioner's attorney must also sign a statement indicating that notice to the other party should not be required. Should the court grant the petition, copies of the order will be served on the other party by Florida law enforcement.
- Your ability to show that an emergency exists will depend upon the type of evidence you have to establish abuse, neglect or abandonment affecting the health, safety or welfare of a child.
How do I get help to protect my child(ren) in Jacksonville, Florida?
An experienced Florida Family Law Attorney can help you determine the strengths of your Emergency Petition so that you don't waste any time in protecting your child(ren). Certainly, do not wait to contact 911 to immediately protect your family member. Be sure to obtain the Police Report along with any other proof you have, so that you can show this information to your attorney.