Fill and Sign the Florida Verified Motion Form

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.941(a), VERIFIED MOTION FOR TEMPORARY INJUNCTION TO PREVENT REMOVAL OF MINOR CHILD(REN) AND/OR DENIAL OF PASSPORT SERVICES (11/15) When should this form be used? You should use this form if you want the court to enter an order that your minor child(ren) is (are) not to be removed from the State of Florida while a case involving parenting or time-sharing is pending, that passport services for the minor child(ren) be prohibited, and/or that existing passports be turned over to you. This form should be typed or printed in black ink. If you want the court to enter an ex parte order, without giving the other side advance notice of the hearing, you should explain your reasons in paragraph 5 of this form. After completing this form, you should sign the form before a notary public . You should file the original with the clerk of the circuit court in the county where your case is pending and keep a copy for your records. You should also ask the clerk to process your motion though their emergency procedures. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self- represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed. What should I do next? If the court enters an order without advance notice to the other party, you should take a certified copy of the order to the sheriffs office for further assistance. You must have this form and the courtfs order, served by personal service on the other party. You should read the courtfs order carefully. Look for directions in the order that apply to you and note the time and place of the hearing scheduled in the order. You should go to the hearing with whatever evidence you have regarding your motion. If the court will not enter an order without advance notice to the other side, you should check with the clerk of court, family law intake staf , or judicial assistant for information on the local procedure for scheduling a hearing on your motion, unless the court sets a hearing in its order denying your request for an ex parte hearing. When you know the date and time of your hearing, you should file Notice of Hearing (General) , Florida Supreme Court Approved Family Law Form Instructions for Florida Supreme Court Approved Family Law Form 12.941(a), Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (11/15) 12.923 or other appropriate notice of hearing form, and use personal service to notify the other party of your motion, the courtfs order, if any, and the hearing. Where can I look for more information? Before proceeding, you should read “General Information for Self- Represented Litigants” found at the beginning of these forms. For further information, see chapter 61, Florida Statutes, and rule 1.610, Florida Rules of Civil Procedure. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sherif or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index. SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made. To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516. Special notes... If you have an attorney, your attorney must certify in writing the eforts that have been made to give the other party notice, if no notice is given. The court may require you to post a bond as a condition of the injunction. With this form you must also file the following, if you have not already done so, and provide a copy to the other party:  Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit , Florida Supreme Court Approved Family Law Form 12.902(d). Instructions for Florida Supreme Court Approved Family Law Form 12.941(a), Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (11/15) Temporary Injunctions... These family law forms contain a Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (Ex Parte) , Florida Supreme Court Approved Family Law Form 12.941(b), which the judge may use if he or she enters an order without a hearing, and a Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (After Notice) , Florida Supreme Court Approved Family Law Form 12.941(c), which the judge may use if he or she enters an order after a hearing. You should check with the clerk, family law intake staf, or judicial assistant to see if you need to bring a blank order form with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the partiesf names, and leave the rest blank for the judge to complete at your hearing. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer , Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.941(a), Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (11/15) IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT, IN AND FOR ________________________ COUNTY, FLORIDA Case No.: ___________________________ ___ Division: __________________________________________________________________________________ ________ _______________________ _ __________, Petitioner, and _______________________ _ __________, Respondent, VERIFIED MOTION FOR TEMPORARY INJUNCTION TO PREVENT REMOVAL OF MINOR CHILD(REN) AND/OR DENIAL OF PASSPORT SERVICES _____ Petitioner _____ Respondent requests the Court to enter a temporary injunction to prevent removal of the following listed minor child(ren) from the jurisdiction of this Court and deny passport services for the child(ren) and says: 1. The minor child(ren) subject to this request is (are): Name Birth date ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. The child(ren) has (have) been a resident(s) of County, Florida since {date} . 3. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), _____ is filed with this motion or _____ has already been filed. 4. It is in the best interests of the minor child(ren) that the Court order the following: {Indicate all that apply} a. _____ The child(ren) not be removed from the jurisdiction of this Court while litigation is pending b ecause: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Florida Supreme Court Approved Family Law Form 12.941(a), Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (11/15) b. _____ Passport services for the minor child(ren) be prohibited because: ____________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ c. _____ Existing passports for the minor child(ren) be immediately turned over to _____ Petitioner _____ Respondent because: ______________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. This motion should be granted _____ with _____ without notice to the other party. {If without notice, explain why there would be immediate and irreparable harm if the other party is given notice.} _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ WHEREFORE, _____ Petitioner _____ Respondent requests the following from the Court: {Indicate all that apply} a. _____ enter a temporary injunction to prevent removal of the child(ren) named above from the jurisdiction of this Court while this action is pending; b. _____ enter an order denying passport services for the minor child(ren); c. _____ enter an order requiring that any existing passports for the minor child(ren) be immediately delivered to _____ Petitioner _____ Respondent; d. _____ enter a temporary injunction without notice to the other party. Florida Supreme Court Approved Family Law Form 12.941(a), Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (11/15) I certify that a copy of this document was ( ) e-mailed ( ) mailed ( ) faxed ( ) hand-delivered to the person(s) listed below on {date} __________________________ or ( ) was not delivered to the person(s) listed below because ___________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Other party or his/her attorney: Name: ________________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ Designated E-mail Address(es): ____________________ ______________________________________________ I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this verified motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: _______________________ _____________________________________________ Signature of Party Printed Name: _________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ Designated E-mail Address(es): ____________________ _____________________________________________ STATE OF FLORIDA COUNTY OF ______________________ Sworn to or affirmed and signed before me on _____ by ______________________________________. _______________________________________ NOTARY PUBLIC or DEPUTY CLERK _______________________________________ [Print, type, or stamp commissioned name of notary or clerk.] Florida Supreme Court Approved Family Law Form 12.941(a), Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (11/15) Personally known Produced identification Type of identification produced ___________________________________________________________ If the party filing this motion is represented by an attorney, the attorney must complete the following: I, the undersigned attorney for the movant, hereby certify in that the following eforts have been made to give notice. {if no efforts have been made, why} ____________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________ Signature Printed Name: _________________________________ Florida Bar Number: _____________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ Designated E-mail Address(es): ____________________ _____________________________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks This form was prepared for the: {choose only one } ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} ____________________________________________________________________, {name of business} _____________________________________________________________________, {address} ____________________________________________________________________________, {city} ______________, {state} _____, {zip code} ___________, {telephone number} ________________ Florida Supreme Court Approved Family Law Form 12.941(a), Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (11/15)