Legal Question in Family Law in Florida

Uccjea

If a mother fears for the safety of herself and her child, can the mother flee to her birth state, to her family, as long as she follows the guidelines of the ''Emergency Order'', notifying the authorities in both states within 10 days and filing a motion for an ''Emergency Jurisdiction'' in the new state?


Asked on 10/20/08, 8:15 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Uccjea

Probably not. The "emergency jurisdiction" provision of the UCCJEA is intended to be used for when the child is being abused IN THE NEW STATE and the child hasn't yet lived in the new state for six months. It's not intended as a way for one parent to flee from the other. If you fear abuse, you'll have to file for a injunction in your current state. If that state is Florida, you may also need to seek a temporary order allowing you to relocate on an emergency basis to the new state. Go speak to a lawyer right away.

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Answered on 10/20/08, 11:22 am


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