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Standing Temporary Order For Family Law Cases With Minor Children Form. This is a Florida form and can be use in Hillsborough Local County.
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Tags: Standing Temporary Order For Family Law Cases With Minor Children, Florida Local County, Hillsborough
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
JUDICIAL SUBPOENA
Plaintiff(s)
HILLSBOROUGH COUNTY, FLORIDA
-against- FAMILY LAW DIVISION
:
:
IN RE: THE MARRIAGE OF
CASE NO.:
:
______________________
Defendant(s)
_________________________________
:
......................................................
Petitioner,
DIVISION:
______________________
and
THE PEOPLE OF THE STATE OF NEW YORK
___________________________________
Respondent.
______________________________________/
TO
GREETINGS:
STANDING TEMPORARY ORDER FOR FAMILY LAW CASES
WITH MINOR CHILDREN
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County ofIt is in the best interest of the parties in a family law case to learn about their duties and
inresponsibilities and thepreserve their assets and 20
room
, on to
day of
, complyat
, with Court rules. Therefore, the and at any recessed
o'clock in the
noon, parties are
oradvised: date, to testify and give evidence as a witness in this action on the part of the
adjourned
1.
CONTACT WITH BOTH PARENTS / SHARED PARENTING
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
1.1. It is behalf this subpoena was issued with both parents is in the children’s best interest,
the party on whose the law that, in general, contactfor a maximum penalty of $50 and all damages sustained as a
and of your failure to entitled
result that children are comply. to “frequent and continuing contact with both parents when the parents
separate or divorce.”
Witness, Honorable
, one of the Justices of the
who
Court in 1.2. Further, the parentday of is or wants, to be the “primary residential parent” has an
County,
20
“affirmative obligation to encourage and nurture a relationship between the children and the
alternative residential parent.” A parent who restricts access of the children to the other parent and
does not encourage a relationship between the children and the other parent, and type name below)
(Attorney must sign above for no good reason,
perhaps should not be designated the “primary residential parent.” Such a parent is not acting in the
children’s best interest and is not following the law.
Attorney(s) for
1.3. In nearly all cases, the Court orders “shared parenting” of the children by the parents.
This means the parents must confer with each other and agree upon all parenting decisions.
Therefore, both parents must participate in all parenting decisions and immediately work out their
own time-sharing schedules. If the parents cannot agree on any issue, then the Court will decide.
Office and P.O. Address
2.
PARENTING CLASS REQUIRED
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
2.1. Both parents in this matter must attend and complete one of the approved courses.
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Completion of one of these courses is mandatory in all cases,:contested or uncontested, in which the
JUDICIAL SUBPOENA
Plaintiff(s)
parties have minor children. Therefore, even if the parties have settled, they must both attend one
-against:
of these courses.
:
2.2. Both parents must attend an approved parent education class within sixty (60) days after
this action is filed. If a certificate of completion for both :parents from one of these courses is
not in the Court file, the Court may not sign a Final Judgment.
Defendant(s)
:
......................................................
3.
NO RESIDENTIAL RELOCATION OF CHILDREN
Neither party should remove, cause to be removed, or permit the removal of any minor child
THEthe parties from their current NEW YORK
of PEOPLE OF THE STATE OF county of residence for residential purposes without the written
agreement of both parties or an order of this Court.
TO
4.
TREATMENT OF CHILDREN
The
GREETINGS: safety, financial security, and well being of the children involved in this case are the
Court’s primary concern. Parents should follow these guidelines:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
4.1.
circumstances, that both parents will share parental
,
the Honorable It is the law, except in certain rareat the
Court
located at
responsibility for all minor children involved in this case. The law requires parents to share the
County of
inchildren’s time and to participate of
room
, on the
day together in making all, importanto'clock in the
, 20
at
noon, and at any recessed
decisions concerning the children.
orThe law expects parentsand put aside their feelings andthis action on the part of the involving the
adjourned date, to testify to give evidence as a witness in cooperate on all decisions
children. The following guidelines are appropriate in most cases:
a.
Children have a right to a loving is punishable as a contempt of court and both parents.
Your failure to comply with this subpoena open, and continuing relationship with will make you liable to
They have subpoena was issued love, affection and respect and all parent sustained as a
the party on whose behalf thisthe right to express for a maximum penalty of $50for one damagesin the
result of your failure to comply. other parent.
presence of the
b.
Neither parent may alienate a child’s affection for the other of the Justices of the
Witness, Honorable
, one parent.
Parents must separate any bad feelings for one another from their duties as parents.
Court in c.
County,
day of
, 20
Their duty is to share the children’s time and share in making parenting decisions.
Children must be free to draw their own conclusions about each parent, without the
prejudicial influences of the other parent. (Attorney must sign above and type name below)
d.
Children have the right to never hear a parent, or a relative or a friend of a parent,
belittle or degrade the other person.
e.
Children have the right to be free of guilt because for parents have decided to
Attorney(s) the
separate. They are entitled to honest answers to questions about changes taking place
in the family makeup. However, information regarding the divorce case should not
be discussed with the children.
f.
Parents should never be so preoccupied with their own problems that they fail to
Office and P.O. Address
meet the children’s needs. Separation of the parents usually has a worse impact on
the children than on the parents, a fact both parents should never forget.
2
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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Each parent should openly, honestly, respectfully and regularly communicate with
JUDICIAL SUBPOENA
Plaintiff(s)
the other parent to avoid misunderstandings. They should never argue about the
:
children -against-of them.
in front
h.
Parents should discuss all differences between them regarding their separation,
:
financial issues and parenting decisions out of the presence of the children. Both
parents should always try to present a united front in handling any problems with the
:
children.
i.
Children have the right to Defendant(s)continuing contact with both parents. Parents
regular and
:
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should arrange all visitation and exchanges between themselves and not through the
children. The children should never be the messenger between the parents.
j.
Visitation plans should be kept and never cancelled unless absolutely necessary. If
THE PEOPLE OF THE change, OF NEWshould be given an explanation, preferably in advance and by
plans STATE children YORK
the parent causing the cancellation.
g.
TO
4.2. Common courtesies (politeness, promptness, readiness, calling to notify if one is going
to be late) should always be observed when picking up and dropping off children. These times can
be very stressful on children, so it is imperative that parents always behave as responsible adults.
GREETINGS:
a.
Between YOU, children should be encouraged to contact you and each of you letter
WE COMMAND visits, that all business and excuses being laid aside,the absent parent by attend before
,
the Honorable and phone, frequently and continuously.
at the
Court
Parent/child access and child support, while they may be emotionally connected, are
located at
County ofb.
separate and distinct under the ,law. Accordingly, a child’s right to access to his or
in room
, on the
day of
20
, at
o'clock in the
noon, and at any recessed
or adjourned date,hertestify and give evidence as a witness in this action on the part of the
to parent does not depend upon the payment of child support.
c.
A child should never be the delivery person for support payments or other
communication between the parents.
d.
Both comply with this subpoena is punishable as a contempt of court and will in which
Your failure toparents are entitled to participate in and attend all special activities make you liable to
their children are engaged, such as religious activities, school programs, sports events
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
and other extra
result of your failure to comply. curricular activities and programs.
e.
Parents should share information concerning children’s activities and school
information.
Witness, Honorable
, one of the Justices of the
Court in
5.
County,
day of
, 20
DISPOSITION OF ASSETS
It is the law that, generally, neither party should conceal, damage,above and type of any marital
(Attorney must sign or dispose name below)
asset and neither party should dissipate the value of a marital asset. The parties may spend their
incomes in the ordinary course of their personal and family affairs. Neither party should conceal or
waste jointly owned funds, whether in the form of cash, bank accounts, or other liquid assets.
Attorney(s) for
6.
PERSONAL AND BUSINESS RECORDS / INSURANCE
Neither party should, directly or indirectly, conceal from the other party or destroy any family
Office and P.O. Address
records, or any records of income, debt, or other obligations. Any insurance policies in effect at the
time the petition was filed should not be terminated, allowed to lapse, concealed, modified, borrowed
3
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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against, pledged or otherwise encumbered by either of the parties or at the direction of either party.
JUDICIAL SUBPOENA
Plaintiff(s)
The beneficiaries on all insurance policies of every kind should not be changed, except by agreement
-against:
of the parties or Court order. The parties should continue to pay all premiums on a timely basis.
7.
:
ADDITIONAL DEBT
:
Neither party should incur additional debt, which would bind the other party, or tie up any
Defendant(s)
assets. Joint credit cards should be used only for necessities of life, and any party using a joint credit
:
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card after separation must be prepared to justify all charges as reasonable and necessary for
necessities.
THE PEOPLE OF THE STATE OF NEW YORK
8.
MEDIATION / ALTERNATIVE COOPERATION
TO
8.1. Mediation is encouraged early in the proceedings. This is an opportunity to reach a
reasonable negotiated agreement on some or all issues and may result in substantial savings to the
parties. Mediation is mandatory before a hearing requesting temporary relief can be scheduled and
before a final
GREETINGS: hearing can be scheduled.
8.2. Litigation must be conducted courteously and cooperatively. The Court of sanction
WE COMMAND YOU, that all business and excuses being laid aside, you and eachcanyou attend before
unprofessional and uncooperative behavior in at thecase and mayCourt attorney’s fees as required
any
award
,
the Honorable
County ofif either party or theirlocated at is found to have been unduly uncooperative, resulting in
by law
counsel
inprolonged or needless litigation. of
room
, on the
day
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
9.
FINANCIAL AFFIDAVITS / MANDATORY DISCLOSURE
Both parties must file and exchange financial affidavits contempt of court and will pursuant
Your failure to comply with this subpoena is punishable as aand mandatory disclosure make you liable to
to Florida Family Law this subpoena was 12.285.
the party on whose behalf Rule of Procedureissued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
10.
SERVICE AND APPLICATION OF THIS ORDER
Witness, Honorable
, one of the Justices of the
Court in The original of this order will be filed in , the court file of this case. The PETITIONER
County,
day of
20
SHALL SERVE A COPY OF THIS ORDER WITH A COPY OF THE PETITION. This order is
binding on the Petitioner upon the filing of this action and shall become binding on the Respondent
upon service of this order. This order shall remain in effect(Attorney must sign above and type name below) part
until further order of the Court. Any
of this order not changed by some later order remains in effect. This entire order will terminate once
a Final Judgment is entered.
Attorney(s) for
DONE AND ORDERED in chambers at Tampa, Hillsborough County, Florida this _____
day of _____________________________, 20_____.
Office and P.O. Address
____________________________________
Administrative No.: Family Law Division
Judge,
Telephone
4
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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NOTICE TO ALL LAWYERS AND PARTIES IN FAMILY COURT
:
JUDICIAL SUBPOENA
Plaintiff(s)
The following are the policies of family court. Read them carefully. All lawyers and parties are
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expected to know and obey these policies.
1.
COURTROOM CONDUCT AND BEHAVIOR:
:
:
All courtroom proceedings shall be conducted with dignity, decorum, courtesy, and civility.
Defendant(s)
:
. . . . . . . . 1.1. .Dress. appropriately.-.Court.business.is . . . . important. Shorts, tank or halter-tops, undershirts,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . very . . . . . . .
and caps or hats are forbidden.
1.2. Speaking and talking - A court proceeding is not a free-for-all where anyone, parties and
THE PEOPLE OF THE STATE OF NEW YORK
lawyers alike, can say whatever they want whenever they feel like it. A party who is called as a witness must
answer only the questions asked and may not volunteer information or make arguments while testifying.
TO
Interruptions, sarcasm, and insults will not be tolerated. DO NOT start an argument with or threaten
anyone.
GREETINGS:
2.
BRINGING CHILDREN TO COURT IS FORBIDDEN:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
2.1. Children as witnesses - The Family Law Rules require that an order must be obtained from
,
the Honorable
at the
Court
the Judge upon a motion and hearing in advance before a child may testify. Therefore, do not bring children
located at
County of
to court if any order allowing them to testify has not been signed, except in the case of adoptions and name
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
changes for a minor who is over 12 years of age.
or adjourned date, to testify and give evidence as a witness in this action on the part of the
3.
APPEARING IN COURT WITHOUT A LAWYER:
A self-represented or “Pro Se” Litigant, party without a lawyer, is not and will make you
Your failure to comply with this subpoena isapunishable as a contempt of courtentitled to special liable to
treatment or privileges, and must follow issued for a maximum penalty and ethical regulations that
the party on whose behalf this subpoena was the same Rules of Procedure of $50 and all damages sustained as a
govern practicing to comply.
result of your failure lawyers.
3.1. TheHonorable treat a self-represented party the same way it of the Justices of the se
Witness, court must
, one treats a lawyer. Pro
litigants, although not expected to be as skilled and knowledgeable as lawyers, are nevertheless subject to
Court in
County,
day of
, 20
all laws, rules and regulations to which lawyers are subject.
Judges and their judicial assistants are forbidden by law from giving any advice or help to
(Attorney must sign above and impartial. Judges
unrepresented parties. Judges and their judicial assistants must remain entirely neutraland type name below)
and their judicial assistants also may not give unrepresented parties special treatment.
3.2. The Family Division has a Family Intake Unit located at the George E. Edgecomb Courthouse,
Attorney(s) for
800 East Twiggs Street, 4th Floor, Tampa, Florida, telephone (813) 272-5173, which can provide forms to
parties, provide information concerning resources in the community, answer some basic procedural questions
and offer some assistance in scheduling hearings. The program staff is not the lawyer for an unrepresented
party, a legal advisor, or a secretarial service.
Office and P.O. Address
3.3. Contact with the Judges Office - A self-represented party is authorized to contact the Judge’s
office by telephone to set hearings on the court’s schedule. Personal visits to the office are discouraged
because it disrupts the working routine in the office. Judicial Assistants assist Judges; it is not their job
Telephone No.:
to advise or assist the parties with their case.
Facsimile No.:
E-Mail Address:
5
Mobile Tel. No.:
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