What is a True “Emergency” in Family Law Cases
Everyone believes their motion deserves the immediate attention and resolution by the Court. Many self represented litigants and inexperienced attorneys believe that by filing an “Emergency Motion”, even if the issue is not a true emergency, they will receive that immediate attention and resolution. However, filing a Motion as an “Emergency” does not automatically get you the immediate resolution you are seeking. Unless, it is a true emergency the Court is likely to deny the “emergency” motion.
The 15th Circuit in and Palm Beach County, Florida has entered an Administrative order setting forth what is considered an “Emergency” in Family Law Matters. Administrative order 5.203 -5/09 sets forth in pertinent part that:
Motions For Emergency Hearings will be denied unless there are sufficient allegations to establish that there is:
- An imminent risk of substantial physical harm to a minor child; or
- A child is about to be illegally removed from this Court’s jurisdiction.