Legal Question in Family Law in Florida
The residential custodian of our two children has detained the children from their summer visitation as ordered by the court, citing the need for a tonsilectomy for one of the children, which has yet to be scheduled. In addition to the Motion for Civil Contempt/Enforcement, I would like to file an Emergency Verified Motion for Child Pick Up Order to prevent him from possibly having this procedure done without a second opinion and against court orders as it is irreversible and more than possibly unnecessary. Would this situation qualify for the Emergency Motion and what is the procedure of filing such? The case and children are in Florida, I live in Illinois. Thank you for any help you can offer.
1 Answer from Attorneys
It sounds like you are filing the right motions. I doubt the judge will consider it an emergency, and so your emergency motion for pickup order will probably be denied, but I would probably file it anyway. The usual procedure for emergency motions is that, once it is filed, the clerk sees the word "emergency" and takes it directly to the judge's office for the judge to make a decision within 48 hours or so. Sometimes, the judge will set a quick hearing on the motion, but often they just stamp them "denied" or attach a form order of denial.
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