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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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I live in florida. If their is a standing order that states

Customer Question

I live in florida. If their is a standing order that states both parents that states:

Neither party shall remove, cause to be removed, or permit the removal of any minor child of the parties from their current county of residence for residential purposes without the written agreement of both parties or an order by the judge.

One of the parents took the child while the other parent was away for two days and took the child without notification and did not hear of my wife and how my child was doing for 3 days after calling her, calling her parents house, texting her, emailing her. Their is an emergency motion to bring the child back to jurisdiction.

So my question is it illegal what she has done and what are the ramification for her actions.
Submitted: 1 year ago.
Category: Family Law
Expert:  Joseph replied 1 year ago.
I am a Florida family law attorney and I'd be happy to help. Just a bit of clarification first. When your wife left with the child, had a divorce action been filed already? Thank you.
Customer: replied 1 year ago.
Yes a divorce action had been filed already.
Expert:  Joseph replied 1 year ago.
In that case, was there any order in place regarding the time-sharing arrangement? If so, did her trip out of state conflict with that order? Thank you.
Customer: replied 1 year ago.

Their is a STANDING TEMPORARY ORDER FOR FAMILY LAW that states below:

 

Neither party shall remove, cause to be removed, or permit the removal of any minor child of the parties from their current county of residence for residential purposes without the written agreement of both parties or an order by the judge.

Expert:  Joseph replied 1 year ago.
I understand, I'm merely trying to ascertain what viable recourse you may have. For example, if she took the child out of state for a couple days, and those days did not interrupt your time, then you may have little recourse. Conversely, if this interfered with your time, you probably have a viable cause of action. So, did her trip interfere with your time? Or, asking it a different way, what is it that you want to accomplish? Thank you.
Customer: replied 1 year ago.

My wife and I lived together with our daughter in Hillsborough county florida while going through a divorce. One day I had an emergency that I had to be away from home for 2 days. When I return my wife was gone and took our child without informing me and has not return none of my calls so I don't know where she is at.

The standing order states:

Neither party shall remove, cause to be removed, or permit the removal of any minor child of the parties from their current county of residence for residential purposes without the written agreement of both parties or an order by the judge.

So my question to you is:

Was her actions illegal? What are the ramification of her violating the "Standing Temporary Order"? What can I do to have the child return back to jurisdiction?

Expert:  Joseph replied 1 year ago.

I was hoping to obtain a bit more information so that I may better answer your question. However, it seems that you may have misunderstood my efforts and are desirous of an answer right away. As such, I'll answer the best that I can at this time. If I have overlooked anything or you think there is more information to supply, please let me know. Now then...

.

If a party has violated an order of the court during a divorce action, Florida law would suggest the filing of a motion for contempt and enforcement. Based on your initial post, it appears that you have done this already. While you have apparently titled it an emergency motion, it is at the discretion of the judge to call this up on an emergency basis.

.

Regardless, when the hearing takes place, you will need to demonstrate that your wife knowingly violated a court order. Based on your statements thus far, I would suggest that you should be able to meet this burden. Whether it is called up on an emergency basis or not, my speculation is that your wife, and the child, will be back in Florida already. As such, the judge will likely not need to order the return of the child. That being the case, his remaining options would likely be to find her in contempt, to chastise her for her actions, to inform her that she should not act in such a fashion again, to order make-up time for you and/or to require her to pay your attorneys fees.

.
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Customer: replied 1 year ago.

I appreciate your assitance but I don't really understand what you really need for me. I can provide you further information.

My wife and I live together with our daughter in the same home. We filed for divorce while living together and in filing their is a standing temporary order that states:

Neither party shall remove, cause to be removed, or permit the removal of any minor child of the parties from their current county of residence for residential purposes without the written agreement of both parties or an order by the judge.

Wife took the child and all her belongings without informing me or even having an order from the judge. I don't know where she is at at this point after numerous attempts to contact her via cell, text, email, calling her parents. So base on this it is obvious that she left if she took everything. I would understand a 2-3 day trip and her informing me of her where abouts. To me it seems she has left and moved our child somewhere.

I would like to know if she is in violation of the order? Can the judge order the return of the child back to my location? Is it consider kidnapping what she did based on the "UNIFORM CHILD CUSTODY AND JURISDICTION ACT"

Expert:  Joseph replied 1 year ago.

I would like to know if she is in violation of the order? Yes, it would appear so. As I detailed above, my speculation is that you would prevail in a hearing on this issue.

.

Can the judge order the return of the child back to my location? Yes, though, as I stated above, my speculation is that she would have returned prior to the hearing being conducted. Even in an emergency situation, hearings typically take several days to be coordinated. With that in mind, I would think she would return prior to the hearing taking place.

.

Is it consider kidnapping what she did based on the "UNIFORM CHILD CUSTODY AND JURISDICTION ACT". Not necessarily. If one parent merely takes the child out of state, such an action, in and of itself, would not be considered kidnapping. For law enforcement to consider this kidnapping, they would likely require a longer period of time. While it's difficult to say exactly how long would constitute kidnapping by a parent, surely it would be more than a couple days.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Customer: replied 1 year ago.

What if she does not return? What can be done? and what are the possibilities a judge would approve to have authorities return the child if found back to jurisdiction or my residence?

Expert:  Joseph replied 1 year ago.

To answer all of those questions, in the event that she does not return, you could take the matter before the judge. In that situation, the judge could issue a "take into custody order" (TICO). The TICO would require law enforcement to locate the child and return him to your custody in Hillsborough County. As a note, your wife's actions would likely then be considered kidnapping.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 5 other Family Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Thank you for accepting my answer and for the bonus, much appreciated. Please feel free to return to our site with any future questions.

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