Domestic relations cases are emotional. The parties often feel as though their lives are turning upside down and they have no control. All of these feelings are normal during a domestic case. These emotions can cause the parties to want immediate fixes to issues they feel are emergencies, such as monetary and time-sharing disputes. However, it is often difficult for parties to realize and understand that what is an emergency for them is not necessarily considered an emergency in the eyes of the court.
In domestic cases, the most common reason for an emergency issue deals with children. For the purposes of an emergency motion, Florida defines an emergency as a “matter of imminent abuse, neglect, or abandonment affecting the health, safety or welfare of a child.” As frustrating as it is for the parties involved, the fact that one of the parties is withholding time-sharing or not paying their share of the bills or child support, these understandably important problems do not rise to the level of an emergency. Every person’s case is different, with different facts to be considered. If you or someone you know feels that they have an emergency, it is best to seek the advice of counsel to determine if your situation is a true emergency, or if it may be something that can be heard on an expedited docket. One should know what their legal options are based on their individual facts and their assigned Judge.
For more information regarding emergency motions, divorce, custody, and/or time-sharing, please contact the law office of Schwam-Wilcox & Associates.