This is the next post in my series on the handling of parental abduction cases in Melbourne, Florida. My last article discussed what is and what is not considered parental abduction. It is important to understand that a parent will only be considered to be unlawfully withholding a child if there is a court order in place. If there is no previous order then the parents will be seen as having equal rights to the child. This is one reason why it is good to have an order from the court, even if you and your ex are currently on good terms. In this article I will discuss the process of requesting a “pick up” order from the Court. If you require assistance then contact my office today to speak with a lawyer.
If your child is being unlawfully withheld by their other parent then the Court will likely become involved. In such situations it is common for the Judge to sign a “pick up” order which commands law enforcement to assist you in retrieving the child from the other party. Such orders will typically require that the other parent to also provide the child’s basic belongings and other items which will be needed immediately. The police will accompany you to the residence of the other party and they will knock on the door and inform your counterpart that the order must be complied with. If the other parent fails to obey the police then they may be arrested.
The first step in obtaining a pick up order is to file an emergency motion with the Court. The Court will often entertain such motions “ex parte.” This means it can be ruled upon before the other side has been given a chance to respond. If it is demonstrated that an existing order is being violated then the Court will often sign a pick up order rather quickly. The Court will also schedule a hearing at which the parties will appear and the offending parent will need to demonstrate why they should not be held in contempt for violating the prior order. It is not uncommon for such orders to be signed by the Judge within a business day.
If your child is being withheld by the other parent then it is important that you contact a Melbourne parental abduction lawyer immediately. I am experienced in handling such matters and my office is ready to assist you. Contact us today to speak with an attorney. We also service clients in the cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.