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Standing Temporary Order For Family Law Cases - Florida
| Standing Temporary Order For Family Law Cases Form. This is a Florida form and can be used in Family Law Hillsborough Local County . |
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA FAMILY LAW DIVISION IN RE: THE MARRIAGE OF _______________________________________ Petitioner and CASE #: ________________ DIVISION: ________________________________________ Respondent ________________ STANDING TEMPORARY ORDER FOR FAMILY LAW CASES Parties need to understand their duties and responsibilities during the pendency of a family law case. Parties in all family law cases need to preserve their assets and comply with court rules. Parties in family law cases involving minor children have additional duties and responsibilities. Contact with Both Parents / Shared Parenting [applicable in family law cases involving minor children] It is the law that, in general, contact with both parents is in the children's best interest, and that children are entitled to "frequent and continuing contact with both parents when the parents separate or divorce." Further, the parent who is or wants to be the "parent with majority time-sharing" has an "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, for no good reason, perhaps should not be designated the "majority time-sharing parent." Such a parent is not acting in the children's best interest and is not following the law. In nearly all cases, the judge will order "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 judge will decide. Parenting Class Required [applicable in family law cases involving minor children] Both parents in this matter must attend and complete one of the approved courses. Completion of one of these courses is mandatory in all cases, contested or uncontested, in which the parties have minor children. Therefore, even if the parties have settled, they must 2. 1. American LegalNet, Inc. www.FormsWorkFlow.com both attend one of these courses. Both parents must attend an approved parent education class within 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 judge may not sign a final judgment. No Residential Relocation of Children [applicable in family law cases involving minor children] Neither party shall remove, cause to be removed, or permit the removal of any minor child of the parties from their current county of residence for residential purposes without the written agreement of both parties or an order by the judge. Treatment of Children [applicable in family law cases involving minor children] The safety, financial security, and well being of the children involved in this case are the judge's primary concern. It is the law that, except in certain rare circumstances, both parents will share parental responsibility for all minor children involved in this case. The law requires parents to share the children's time and to participate together in making all important decisions concerning the children. The law expects parents to put aside their feelings and cooperate on all decisions involving the children. The following guidelines apply: A. Children have a right to a loving, open and continuing relationship with both parents. They have the right to express love, affection and respect for one parent in the presence of the other parent. B. Neither parent may alienate a child's affection for the other parent. C. Parents must separate any bad feelings for one another from their duties as parents. 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. D. Children have the right to never hear a parent, or a relative or a friend of a parent, belittle or degrade the other parent. E. Children have the right to be free of guilt because the parents have decided to 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 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. G. Each parent should openly, honestly, respectfully and regularly communicate with the other parent to avoid misunderstandings. Parents should never argue about the children in front of them. 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 shall always try to present a united front in handling any problems with the children. Page 2 of 5 American LegalNet, Inc. www.FormsWorkFlow.com 3. 4. I. Children have the right to regular and continuing contact with both parents. Parents 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 plans change, children should be given an explanation, preferably in advance and by the parent causing the cancellation. K. 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. L. Between visits, children should be encouraged to contact the absent parent by letter and phone, frequently and continuously. M. A parent's access to a child and child support, while they may be emotionally connected, are separate and distinct under the law. Accordingly, a child's right to access to his or her parent does not depend upon the payment of child support. N. A child should never be the delivery person for support payments or other communication between the parents. O. Both parent
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