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Ex Parte Emergency Motions in an the Orlando, Florida Area Child Custody Case

An Ex Parte Emergency Motion has the goal of granting temporary custody due to the threat of imminent harm to a child. When filing an ex parte emergency motion for custody in the Orlando, you must check that the motion is an emergency in the e-portal filing system. Even then, the judge may issue an order denying the motion because it is not an emergency; and instruct the party to set the motion for evidentiary hearing on the court’s docket. Or the court may issue an order on the ex parte emergency motion. 

If the court does issue an ex parte emergency motion on the custody issue, then the court should give the parties a return date when the court can hear the emergency motion with the parties present. At this hearing, the parties may present evidence. One party will present evidence as to why it was an emergency and necessary for the court to issue the ex parte emergency motion for custody. The opposing party will argue that it was improper to enter the order, that it was not necessary and that the criteria to issue the ex parte emergency order was not met. 

A motion seeking an ex parte temporary injunction or, for that matter, seeking almost any immediate ex parte relief must demonstrate how and why providing reasonable notice would actually accelerate, precipitate, or otherwise permit the threatened irreparable injury to occur. 

Where the trial court enters an order temporarily modifying custody of a child without affording prior notice to the opposing party based on the existence of an emergency situation, an opportunity to be heard should be provided as soon as possible. 

Before entering an emergency modification order, every reasonable effort should be made to ensure both parties have an opportunity to be heard. If this is not possible, an opportunity to be heard should be provided as soon thereafter as possible. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.