Florida Court Clarifies Emergency Custody Orders

An emergency custody order is just what it sounds like. Its primary purpose is to remove or limit a child’s exposure to an imminent danger. This includes abuse, neglect, domestic violence, or another serious risk posed by a parent’s conduct (such as substance abuse or a mental health crisis). Emergency custody orders are temporary and designed to stabilize the situation until the court can hold a full evidentiary hearing in which both parents present their evidence. In this article, we’ll review the case of Roberts v. Diaz, 343 So. 3d 156 (Fla. 3d DCA 2022), which is an example of a case involving an emergency custody order.

Background of the case 

In Roberts v. Diaz, the Third District Court of Appeal considered whether the trial court appropriately issued a temporary modification of time-sharing (custody and visitation schedule) under an emergency motion without following procedural norms.

In this case, a final parenting plan and time-sharing schedule were in place following the dissolution of marriage. The husband filed an emergency motion to temporarily change the time-sharing schedule. The trial court granted the husband’s temporary change under emergency circumstances, without necessarily giving meaningful notice or conducting a full evidentiary hearing.

The mother appealed.

The appeal 

The Third District Court of Appeal emphasized that even temporary suspensions or modifications of time-sharing must be supported by competent and substantial evidence. Further, it must be in accordance with the principles of due process, including notice and the chance to be heard.

While acknowledging that emergencies can justify temporary relief, the court highlighted the procedural safeguards necessary to protect parental rights.

Why is this case important? 

This case confirms that emergency custody orders or time-sharing modifications cannot bypass fundamental procedural rights, even if the parent claims the circumstances are urgent. It further illustrates that courts must balance the need for swift protective action with due process. The courts must ensure that notice has been given and evidence has been presented, and both parties have an opportunity to be heard.

Grounds for filing an emergency custody order 

Florida emergency custody orders ordinarily arise when a parent believes their child is facing an imminent risk of harm. This can include:

• Physical or emotional abuse
• Substance abuse
• Neglect or dangerous living conditions
• Risk of abduction or removal from the jurisdiction. on

Under Florida Statutes § 61.13, courts make custody and time-sharing decisions based entirely on the best interests of the child. For an emergency order, the threshold is higher. A parent must show competent, substantial evidence of imminent harm. The order should be narrowly tailored until a hearing is held.

Talk to an Orlando Divorce Lawyer Today 

Greater Orlando Family Law represents the interests of Orlando residents who are pursuing a divorce. Call our Orlando family law attorneys today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

3dca.flcourts.gov/pre_opinion_content_download/2447941