MOTION FOR EMERGENCY CUSTODY
COMES NOW, Respondent XXX, pro se; pursuant to
Florida Statute § 61.534, flies this Motion for emergency custody. As grounds for this motion,
the Respondent states that: there is imminent physical or emotional harm to the child; the
Petitioner has severally engaged in frivolous and/or malicious conduct. In support of the Motion,
the Respondent states the following:
LEGAL ARGUMENTS
XXX Statute § 61.534, provides that: “[u]pon the filing of a petition seeking
enforcement of a child custody determination, the petitioner may file a verified application for
the issuance of a warrant to take physical custody of the child if the child is likely to imminently
suffer serious physical harm…”
According to Gerber v. Gerber, 468 So.2d 1061 (Fla. 1st DCA 1985), “[a] court may
exercise emergency jurisdiction where there is an emergency and a danger of serious
mistreatment of the minor child.” (Emphasis added).
Courts have granted emergency custody where there is an abusive relationship that would
cause harm to the children. See Boykin v. Boykin, 843 So.2d 317 (Fla. 1st DCA 2003).
In the instant case, the safety and well-being of the children is under threat considering
the following circumstances:
i. The Petitioner, without good cause and without Respondent’s knowledge and/or
consent, took Respondent’s name off the list to drop off/pick up the children
XXX,
Petitioner
v.
XXX,
Respondent
____________________________/
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR XXX COUNTY, XXX
Case No.: XXXX
to/from school. Respondent cannot therefore keep up the children’s appointments
at the doctor, dentist, and pediatrician. For instance, on May XXX, the Parties’
daughter, XXX, hurt her ankle during PE, and she asked for Respondent.
When Respondent arrived, the school nurse informed her that she (Respondent),
was not listed in the school records (Exhibit A- Respondent taken off the school
list; and Exhibit B- Further evidence of Petitioner taking Respondent out of
the list). This happened even when the Respondent submitted a court order to the
Petitioner, which enabled her to drop off and pick up XXX (Exhibit C- Email
of Petitioner’s refusal to release XXX). Clearly, the Petitioner is trying to cut
Respondent out of the children’s lives.
ii. The Petitioner is an admitted domestic and/or child violence abuser and rapist. It
is for this reason that he was ordered to complete Domestic Batterers’ Class.
Further, he has had two injunctions granted against him (one for the parties’
daughter for child abuse and the other from Respondent for domestic violence
abuse).
iii. The Petitioner cheated on Respondent with several women including the one that
he is currently living with, who babysits the parties’ three children.
iv. The Petitioner was diagnosed with narcissistic personality disorder. There is
therefore a threat that he would inflict all kind if unnecessary pain upon the
parties’ children to satisfy his narcissistic tendencies.
v. The Petitioner uses drugs and is an alcoholic. There is therefore a threat that he
might harm the children while he is under influence; that he is unable to carter for
the children’s well-being; and that he serves a bad example to them.
vi. Together with his lawyer, the Petitioner has engaged in fraudulent conduct. For
instance, his lawyer used two different signatures on the Mediation settlement
Agreement, which gave him everything including the house and all three cars
which he sold. The signatures were fraudulent.
vii. The Petitioner never has time for the children. He works 60 to 70 hours a week
this leaving the three children to be “raised” and babysat by his mistress who
happens to work for the Department of Children and Families.
viii. The Petitioner has engaged in frivolous conduct, and abuse of the judicial
process. For instance, he called in a fake tip to the child abuse hotline accusing
Respondent of giving the Parties’ 5 year old (at the time) son, meth. He also uses
the judicial process to frustrate and intimidate the Respondent. As a result of his
conduct, there are three appeals all filed in the lower tribunal, while two appeals
at the Florida Supreme Court. It also appears he colluded with the Court to deny
the Respondent her parental rights. For instance, the presiding Judge, Diane
Tennis, stated that she dislikes pro se litigants. It is for this reason that many of
Respondent’s filings get dismissed and/or rejected.
ix. The Petitioner, who is an immigrant, also admitted using the Respondent for
immigration motives to get his sick father to the United States for medical care.
Respondent further avers that the best interests of the children take preeminence in
determination of custody. According to Fla. Stat. §61.13(3), the best interests of the child shall
be made by evaluating all of the factors affecting the welfare and interests of the particular minor
child and the circumstances of that family, including, but not limited to:
i. The length of time the child has lived in a stable, satisfactory environment and the
desirability of maintaining continuity.
ii. The geographic viability of the parenting plan, with special attention paid to the
needs of school-age children and the amount of time to be spent traveling to
effectuate the parenting plan. This factor does not create a presumption for or
against relocation of either parent with a child.
iii. The demonstrated knowledge, capacity, and disposition of each parent to be
informed of the circumstances of the minor child.
iv. The demonstrated capacity and disposition of each parent to provide a consistent
routine for the child, such as discipline, and daily schedules for homework, meals,
and bedtime.
v. The demonstrated capacity and disposition of each parent to participate and be
involved in the child’s school and extracurricular activities.
vi. The developmental stages and needs of the child and the demonstrated capacity
and disposition of each parent to meet the child’s developmental needs.
In addition to the foregoing, as further proof of the Petitioner’s blameworthy conduct, the
Respondent has had to bear immense suffering from the Petitioner. For instance, the many court
filings in pursuit of justice have cost Respondent considerable expense in time and money.
Respondent has also been subjected to emotional distress. The Petitioner also gave the
Respondent STD’s during the marriage and kept getting the Respondent pregnant so that she
could not leave him. The children have also suffered since they have to bear with the Petitioner’s
conduct.
On the other hand, no blame whatsoever can be made against the Respondent. Notably,
the Respondent has never drunk, smoked a cigarette, or used drugs. She also maintains a
religious lifestyle by constantly going to church and praying.
WHEREFORE, Respondent requests an Emergency Order to Pick-Up the children,
without advance notice, directing all sheriffs of the State of Florida or other authorized law
enforcement officers in this state or any other state to pick up the children and deliver them to
Respondent’s physical custody, and to modify the Petitioner’s visitation rights. Further, the
Respondent prays this Court award reasonable attorney’s fees, costs, and suit monies as
applicable or authorized under Florida law, the UCCJEA, and other legal authorities.
Respectfully submitted this _______________ day of ______________, XXX
______________________________
XXX
Pro se
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing Motion for Emergency Custody has
been served upon the Petitioner by mail, email/efiling or personal delivery.
[ENTER PETITIONER’S ADDRESS]
Respectfully submitted this _______________ day of ______________, XXX
______________________________
XXX
Pro se
Exhibit A-
Respondent taken off the school list
Exhibit B-
Further evidence of Petitioner taking
Respondent out of the list
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