How do you file a break order?

[Gemini]

What is the name of your state? FL

Court order states:

"The Father shall have visitation with the minor child during the entire Thanksgiving visitation period in 2005 and all odd numbered years thereafter. The Mother shall have the minor child during the entire Thanksgiving visitation period in 2006 and in all even numbered years thereafter."

Dad attempted to p/u daughter from mother's home, but they were not there. He then found mother and daughter at mom's boyfriend's mother's home. Long story short, police filed report on boyfriend for vehicular assualt against dad. Meanwhile, at home, DCF shows up to investigate allegations of providing sons with alcohol. In the middle of interviewing the rest of us, dad calls home to say that mom and boyfriend attempted to run dad and his son over (both mom and boyfriend were in separate vehicles, boyfriend went for dad, mom went for dad's son-not her child, but the daughter was in the vehicle at the time) CPS investigator, realizing that this situation is going on with the party that instigated the alleged alcohol investigation, thanks everyone and request directions to meet dad and son at the scene. CPI wants to remove daughter, deputies want to let her go, daughter is urgently trying to get out of car and wants to go with dad, but boyfriend REFUSES to allow her to go. Sheriff files the report with a note added to see additional info provided by CPI. CPI can't force removal since she was investigating separate incident, but clears our family completely of allegations of providing boys with alcohol. She makes note that accusations dated back to this summer were made today by mom with the knowledge that daughter was supposed to be here for visitation and was expecting dad to pick her up this evening. Everyone involved informed dad, my husband, to file a break order. With the holidays, our normally hard to reach attorney is going to be MIA and dad needs to know what a break order is and how to file it in order to get it heard in time for the Thanksgiving visitation. I've googled and searched here, but can't find anything clear to help out. Please help! Any assistance is very appreciated and we thank you in advance.

To clear up any misunderstanding:

Dad is NCP and son with him is not related to daughter's mother.
I am dad's wife and I was home with our four other children at the time CPI showed up to investigate at our house.
Both events were happening simultaneously.

 

[Gemini]

I found the form for EMERGENCY VERIFIED MOTION FOR CHILD PICKUP ORDER. Is this the appropriate order? We only have tomorrow to file before the courthouse closes for the holiday. Thanks again.

 

[Ohiogal]

DAD needs to file. NOT YOU.

 

[Gemini]

Thank you, I understand, but unfortunately because of the late hour when I posted and after a long day there was a short time available to find the correct form for my husband to FILE. I mistakenly put WE instead of HE. Could you possibly give me the benefit of the doubt? The line should have read I only have tomorrow to find the correct paperwork for my HUSBAND to FILE.

MY HUSBAND filed today for enforcement but it was returned "Not considered emergency, ok to expedite". Since it is a civil matter and although the order states "every odd numbered year" my husband has had no help in enforcing his visitation. He will go another day without seeing his daughter.

My husband is not giving up, he is now on his way to attempt to pick his daughter up again. I understand I may seem the over-involved stepmom, but I am only involved in the dowloading & printing of the paperwork, organizing his court papers in a safe place and researching advice mostly through this website. I understand that you don't know me personally and therefore are only going by my words written above. I still appreciate the advice I've received by you in the past, both on this name and my other (forgotten) name. I truly try to remember all of the ticking time bomb phrases that set the seniors off, but I am only human and I slipped. Thank you for taking the time to read my post and respond, Ohiogal.

Happy Thanksgiving to you all! WE hope you are all enjoying it with the ones you love.

Go Buckeyes!

 

[Silverplum]

I found the form for EMERGENCY VERIFIED MOTION FOR CHILD PICKUP ORDER. Is this the appropriate order? We only have tomorrow to file before the courthouse closes for the holiday. Thanks again.

Sounds right to me -- but that's not my state. I sure hope so. Wish I could help more, but can't. Don't forget to look for a motion form and a motion-granted form -- in most states that I know, you have to file both a motion and a motion-granted form for the judge to sign.

Good luck to you/your H and your family, and happy Thanksgiving.

 

[Ohiogal]

Thank you, I understand, but unfortunately because of the late hour when I posted and after a long day there was a short time available to find the correct form for my husband to FILE. I mistakenly put WE instead of HE. Could you possibly give me the benefit of the doubt? The line should have read I only have tomorrow to find the correct paperwork for my HUSBAND to FILE.

MY HUSBAND filed today for enforcement but it was returned "Not considered emergency, ok to expedite". Since it is a civil matter and although the order states "every odd numbered year" my husband has had no help in enforcing his visitation. He will go another day without seeing his daughter.

My husband is not giving up, he is now on his way to attempt to pick his daughter up again. I understand I may seem the over-involved stepmom, but I am only involved in the dowloading & printing of the paperwork, organizing his court papers in a safe place and researching advice mostly through this website. I understand that you don't know me personally and therefore are only going by my words written above. I still appreciate the advice I've received by you in the past, both on this name and my other (forgotten) name. I truly try to remember all of the ticking time bomb phrases that set the seniors off, but I am only human and I slipped. Thank you for taking the time to read my post and respond, Ohiogal.

Happy Thanksgiving to you all! WE hope you are all enjoying it with the ones you love.

Go Buckeyes!

Forgiven. He should file for expedited hearing and ask for the child on Christmas since mom kept the child from him on Thanksgiving.

 

[Gemini]

Shocking!

Well, it went from bad to worse! Although dad was the victim in the Tuesday events, his DVI against mom's boyfriend was denied. Mom, however, filed for one with completely different events then that from the statements of the witnesses and her's was granted! My husband now has a temp injunction against him that also denies all visitation until the hearing. The EMERGENCY VERIFIED PICKUP ORDER was denied on the basis that it wasn't considered an actual emergency. The sheriff's department couldn't help with their "break order" because they didn't consider it an emergency. So his only recourse is another contempt charge. He's gone from not seing his daughter for the holiday to being falsely accused on domestic violence and has had his visitation rights stripped away for now. Both visits to attempt pickup were done with a deputy present. Tuesdays events happened as dad was parked down the street on the phone with dispatch waiting for the deputy to arrive. He knew something like this was coming, but he's been doing everything to ensure that she couldn't pin something like that on him. It's just a big he said/she said right now, without the police reports and her judge bought her story.

Silverplum- Thank you.

Don't forget to look for a motion form and a motion-granted form -- in most states that I know, you have to file both a motion and a motion-granted form for the judge to sign.

I made sure to save a blank copy of the one the last time he had to file something. They don't provide those forms with the downloadable ones in FL. I had all of the right paperwork for him, he had his normal judge that oversees his original case, she asked for a different judge and her's was granted.

Thank you Ohiogal & Wileybunch as well! I feel very happy to be forgiven! I will definitely suggest to expedite a case for Christmas makeup time. The judge wrote ok to expedite, but no one really understood what he was suggesting. There is a statute for make up visitation, I've ready it before, but don't know off hand what it involves. She's been ordered to give make up time after her last contempt, but she moved his daughter out of state and hid her for a year instead. She apparently thinks she is above the law. I know it may take some time but eventually the system, will catch up with her...maybe when the new judge assignments come in in January. How would a expedited hearing be requested? Would I just use the contempt/enforcement form and change the wording of the heading to be MOTION FOR EXPEDITED _____________? Thanks again! You guys are great.

Happy Turkey Day!!!!!

Thank you everyone for your replies.