Standing Temporary Order For Family Law Cases With Minor Children Form. This is a Florida form and can be use in Hillsborough Local County.
Tags: Standing Temporary Order For Family Law Cases With Minor Children, Florida Local County, Hillsborough
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : 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. American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 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.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : 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 : ...................................................... 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.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : 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 : ...................................................... 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.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. 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 -against: 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.: American LegalNet, Inc. www.USCourtForms.com