An emergency pick up order can be made for a number of reasons. In cases where a family splits, the issue of time sharing will most often come up. It is important for the parents to come to a sound decision with regards to how they shall continue raising the children despite their split. Emergency pick-up orders are important as a result of a number of controversies that may arise when it comes to time sharing. Emergency pick-up orders are important when a parent refuses to send a child back after the child has been with the other for time sharing and also when a parent has reason to believe that their the child is in some sort of danger while in the care of the other parent and wants the court to help reclaim possession of the child. Despite the fact that the general principle that is applied with regards to pick up orders is the same, there are variations that exist when it comes to couples that were once married and couples that were never married.
As such, in a case where a parent fails to return the child to the other parent or in a cases where a mother restricts the child’s father from spending the stipulated time with the child, the father of the child will be entitled to file for an emergency pick-up order in court. This order is meant to help a parent claim or reclaim possession of the child and they are limited to specific circumstances. In order for a judge to consent to and sign an emergency pick up order, there has to be an extremely persuasive matter at hand. In normal circumstances, emergency pick-up orders are usually issued in cases where a seriously irreversible circumstance is at hand and therefore the court is obliged to act immediately. The other circumstances are such that when a parent restricts another parent from spending the stipulated time with their child in accordance with their time sharing plan.
In the instance of unmarried parents, the mother is the natural guardian of a child under Florida law. She has rights to custody that are above the father or anyone else, unless a judge says otherwise in some sort of judicial proceeding. In this scenario, the court will enter an emergency pick up orders, as appropriate. It is only under such circumstances that an emergency pick up order can be filed by the aggrieved party and actually consented to by the courts.