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ORDER ON FORMER HUSBAND’S VERIFIED MOTION FOR TEMPORARY INJUNCTION PREVENTING REMOVAL OF CHILD FROM FORMER HUSBAND’S CARE AND MAINTAINING STATUS QUO

ORDER ON FORMER HUSBAND’S VERIFIED MOTION FOR TEMPORARY INJUNCTION PREVENTING REMOVAL OF CHILD FROM FORMER HUSBAND’S CARE AND MAINTAINING STATUS QUO

This is the verified motion that approves the husband’s temporary injunction request based on a permanent, substantial, unanticipated change of circumstances warranting a modification of timesharing pursuant to Florida Statutes and case law and that it is in the child’s best interests for timesharing to be modified.

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

In Re: The Matter of                                                             Case Number:

JANE DOE

Petitioner/Former Wife,

and

JOHN DOE

Respondent/Former Husband.

______________________________________________________/

ORDER ON FORMER HUSBAND’S VERIFIED MOTION FOR TEMPORARY INJUNCTION PREVENTING REMOVAL OF CHILD FROM FORMER HUSBAND’S CARE AND MAINTAINING STATUS QUO

THIS CAUSE having come before the Court for hearing for XXXXX, 20__ on the Former Husband’s Verified Motion for Temporary Injunction Preventing Removal of Child From Former Husband’s Care and Maintaining Status Quo and the Court having heard argument of counsel and testimony of the parties, and being otherwise fully advised in the premises, makes the following

FINDINGS OF FACT:

  1.  A Final Judgment of Dissolution of Marriage entered which incorporated the parties Settlement Agreement and Parenting Plan.
  2. Pursuant to the parties Settlement Agreement and Parenting Plan the Father was to have timesharing every Saturday and Sunday overnight, and 50% of both the winter and summer breaks, alternate holidays and two (2) weeks during the summer.
  3. The Settlement Agreement and Parenting Plan entered into by the parties on XXX, 20__ was never followed both parties.
  4. From the date of Final Judgment of Dissolution of Marriage the parties actually had equal timesharing with the child until XXXX, 20__ when the child starting residing with the Father full-time when the Mother voluntarily delivered the child to the Father.
  5. Since June 2, 2013 the Mother was exercising limited timesharing which amounted to days per month and sometimes every other weekend timesharing with the child.
  6. It is proven without a doubt that the precipitating factor was the Father filing this action to make official what has been defecto.

Order on Former Husband’s Motion for Temporary Injunction Preventing Removal of Child From Former Husband’s Care and Maintaining Status Quo

  1. The child lived exclusively with the Father for the past year.  This change of circumstances was not anticipated at the time of the Final Judgment of Dissolution of Marriage.
  2. The Court finds there has been a permanent, substantial, unanticipated change of circumstances warranting a modification of timesharing pursuant to Florida Statutes and case law and that it is in the child’s best interests for timesharing to be modified as reflected herein.
  3. The change is substantial, material and was permanent until the Mother removed the child from the Father when she was served with this lawsuit.

ORDERED AND ADJUDGED:

  1. The Father’s Motion for Temporary Injunction Preventing Removal of Child From Former Husband’s Care and Maintaining Status Quo is hereby granted.
  2. The Court is establishing a parenting plan until further Order of the Court as follows:

The Father shall have timesharing Monday through Thursday every week and alternating Sundays at 9:00 a.m.
The Mother shall have timesharing Friday from 4:30 p.m. and Saturday every week and alternating Sundays until 6:00 p.m.
The parent who is picking up the child for their timesharing shall be responsible for the transportation of the child.
The Court reserves jurisdiction for modification and enforcement of this timesharing.

          DONE AND ORDERED in Chambers, Broward County, Florida on this _____ of XXXX 20__.

________________________________________________
HONORABLE XXXXXX 
Circuit Court Judge

 

cc: Lawrence D. Schott , Esquire, Attorney for Former Husband
XXXXX, Esquire, Attorney for Former Wife

 

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This document is a sample pleading related to a specific set of facts and circumstances and should not be used or relied upon for any family law matter. This document is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced divorce lawyer for professional advice as each case is unique.