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

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

This motion for temporary injunction was filed to prevent the former mother from intercepting the child which could impair some much-needed care for the child’s ADHD.

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.

________________________________________/

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

The Respondent/Former Husband, JOHN DOE, through his undersigned counsel hereby files his Verified Motion for Temporary Injunction Preventing Removal of Child From Father’s Care and Maintaining Status Quo and as grounds therefore would state as follows:

  1. There is currently pending a Verified Supplemental Petition to Modify Parental Responsibility, Time-sharing or Parenting Plan/Time Sharing Schedule and For Other Relief being filed contemporaneously with this motion.
  2. The minor child, ATD, born on xx/xx/20__, age XX, has been residing exclusively with the Former Husband and his fiancé since XXXX 20__ when the Former Wife delivered the child to him claiming she couldn’t take care of him on a daily basis.
  3. The Father fears that upon being served with the Petition to Modify that the Mother will come and remove the child from the Father’s care which would be detrimental to the child.
  4. This Motion is to obtain a Court Order for Mother to return the child to the Father; preserve the status quo of his custody during the pendency of this proceeding.
  5. Since last year when the child began residing with the Former Husband he took it upon himself to have the child tested for learning disabilities and/or ADD and the child is now under a Doctor’s care and thriving and successful in school as a result in the Father’s involvement.
  6. The Father is waiting for the school to do an IEP Plan the Father fears the child would suffer a huge setback if removed from his care by the Mother.
  7. The Mother has no time for the child and neglected the child’s ADD and didn’t have him tested although he was not doing well in school and was having problems.
  8. Irreparable harm is being done to the child every single moment he is away from his Father’s care; he is being deprived of bonding with his Father, which produces psychological damage from which he may recover.  Time is of the essence to stop the deprivation immediately.  Moreover, it is unknown who the Former Wife lives with and who cares for the child.
  9. Former Husband has no adequate remedy of law in that custody matters are heard in equity; a suit for interference with his companionship rights will not cure the child-snatch emergency.
  10. The injury occurring to the minor now far outweighs any harm the Former Wife might encounter if the child is returned to the Former Husband.  The Former Husband cannot imagine any harm the Former Wife would encounter.
  11. Granting an injunction to prevent further harm to the child by returning him to the Former Husband serves the public interest because of the policy of the State is to protect children within its jurisdiction and protection, especially from the exact situation at bar, to wit, child-snatching.
  12. The Former Husband has incurred attorney’s fees, costs and suit monies in this Motion which should be paid by the Former Wife who has a superior ability to pay same.

WHEREFORE, the Former Husband requests this Honorable Court enter and order:

  1. Requiring the immediate return of the minor child, ATB to the Former Husband at the Former Wife’s expense;
  2. Awarding temporary custody of the minor child, ATB, to the Former Husband until further Order of the Court;
  3. Reserving on attorney’s fees, suit monies and costs.

Under penalties of perjury I declare that I have read the foregoing petition and that the facts stated in it are true to the best of my knowledge and belief.

______________________
JOHN DOE

 

STATE OF FLORIDA        )

COUNTY OF BROWARD )

BEFORE ME, the undersigned authority, personally appeared JOHN DOE  who is known to me or who produced a Florida Driver’s License as identification, under penalties of perjury and having been sworn under oath, verifies that the above contents and information is true and correct to the best of his personal knowledge and that he executed this document this ___ day of April  20___.

WITNESS my hand and seal in the State and County aforesaid this ______ day of XXXXX 20__.

_____________________
NOTARY PUBLIC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was provided to:

XXXXXX, Esquire, Attorney for Former Wife by e-service and Honorable XXXX on this ____day of May 20__.

 

SCHOTT & TOLCHINSKY, P.A.

Attorney for Former Husband

By:_____________________________
LAWRENCE D. SCHOTT

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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.