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Motion For Civil Contempt And-Or Return Of Child(ren) 12.950(g) - Florida
| Motion For Civil Contempt And-Or Return Of Child(ren) Form. This is a Florida form and can be used in Motions Family Law Statewide . |
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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.950(g), MOTION FOR CIVIL CONTEMPT AND/OR RETURN OF CHILD(REN) (09/10) When should this form be used? You may use this form to ask the court to enforce a prior court order, final judgment or to request the return of a child(ren) who has been relocated in violation of Section 61.13001, Florida Statutes . What should I do next? To initiate a civil contempt/enforcement proceeding against a party who has relocated with a child contrary to the requirements of a prior court order, or is otherwise not complying with a prior court order concerning relocation, or in the event there has been a relocation in violation of Section 61.13001, Florida Statutes, you must file a motion with the court explaining what the party has failed to do. This form should be typed or printed in black ink. After completing this form, you should sign it before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records. A copy of this form must be personally served by a sheriff or private process server or mailed* or hand delivered to any other party(ies) in your case. *Please note that if notice is mailed, the court in certain circumstances may not consider mailing to be adequate notice. If you want to be sure, you should have the motion personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a). The court will then set a hearing. You should check with the clerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing. Once you know the time and date of the hearing, you will need to complete Notice of Hearing on Motion for Contempt/Enforcement, Florida Supreme Court Approved Family Law Form 12.961, Florida Supreme Court Approved Family Law Form 12.921, or Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form 12.920(b), which will specify a time and place for a hearing on the issue. A copy of the form you used to schedule the hearing must be mailed or hand delivered to the other party. Again, if notice is mailed, the court in certain circumstances may not consider mailing to be adequate notice. If you want to be sure, you should have the notice personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a). At the hearing, as in other civil proceedings, you, as the party seeking contempt or return of children, will have the burden of proof. The other party will have an opportunity to put on defenses, if any apply. If the judge finds the other party to be in willful contempt or in violation of Section 61.13001, Florida Statutes, the judge may order appropriate sanctions to compel compliance or return of the child(ren) by Instructions for Florida Supreme Court Approved Family Law Form 12.950(g), Motion for Civil Contempt And/Or Return of Child(ren) (09/10) American LegalNet, Inc. www.FormsWorkFlow.com the other party, including jail, payment of attorneys' fees, suit money, court costs, coercive or compensatory fines, and may order any other relief permitted by law. Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. See also section 61.14, Florida Statutes and rule 12.615, Florida Family Law Rules of Procedure. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.950(g), Motion for Civil Contempt And/Or Return of Child(ren) (09/10) American LegalNet, Inc. www.FormsWorkFlow.com IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Case No: ________________________ Division: ________________________ _________________________________, Petitioner, And _________________________________, Respondent. MOTION FOR CIVIL CONTEMPT AND/OR RETURN OF CHILD(REN) ( ) Petitioner ( ) Respondent requests that the Court enter an order of civil contempt and/or an order for return of child(ren) against ( ) Petitioner ( ) Respondent because he/she has relocated with the parties' minor child(ren) or has taken other action with respect to relocation. I. NONCOMPLIANCE OR VIOLATION A. The other part in this case has willfully failed to comply with the: (Choose only one) ___ Court order or judgment entered on {date} ______________, by {court, city, and state}________________________________________________________________________. ____ Please indicate here if the judgment or order is not from this Court and attach a copy of the judgment or order to this motion. ___ Written Agreement of the parties. ___ Relocation procedures of Section 61.13001,Florida Statutes. B. This order, judgment, agreement, or statute, required the other party in this case to do or not do the following: {Explain what the other party was ordered to do or not do} ________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____ Please indicate here if additional pages are attached. C. The other party in this case has willfully failed to comply with this order or judgment of the court , a written agreement, or the requirements of Section 61.13001,Florida Statutes: {Explain what the other party has or has not done}.____________________________________________ ______________________________________________________________________________ _______
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