When thinking of divorce notice of hearing in Florida, consider the seminal Florida family law case of Loudermilk v. Loudermilk, 693 So. 2d 666 (Fla. 2d. DCA 1997). The Loudermilk case established the cornerstone for what constitutes a true emergency situation within the context of an emergency child pick up order or an emergency motion for child custody/timesharing. The Loudermilk Court decided that for a family law court to grant one parent temporary custody of child without affording notice to the other parent, one of two facts/situations must be true: 1. Where the child is threatened with harm, or 2. Where other parent plans to improperly remove child from state. Proper removal of a child pursuant to a parenting plan, or a 100% timesharing custodial parent’s decision is not necessarily improper. These analyses require what we call a totality of the circumstances assessment. Contact an emergency child pick up order attorney in Orlando today for the help you need in securing your parental rights 407-335-8113 and giving proper divorce notice Florida.
Regarding divorce notice Florida for scheduling hearings, Loudermilk recites constitutional law in making it clear the bedrock of due process must be honored, “Failure to give notice to opposing party of hearing on motion for temporary custody of child, absent true emergency, deprives opposing party of right to procedural due process.” U.S.C.A. Const. Amend. 14.
A fairly recent decision about divorce notice of hearing in Florida (though there have been many cases that Loudermilk spawned), Ferris v. Winn, 242 So. 3d 509 (Fla. 2d. DCA 2018) cites constitutional law in support of the furtherance of Loudermilk, “To satisfy procedural due process, fair notice must be of such nature as reasonably to convey the required information, and it must afford a reasonable time for those interested to make their appearance while the opportunity to be heard must be at a meaningful time and in a meaningful manner.” Borden v. Guardianship of Borden–Moore, 818 So.2d 604, 607 (Fla. 5th DCA 2002). What does this mean in plain terms?
Fair and reasonable divorce notice in Florida must be afforded to the parent against whom a motion has been filed with the court. That notice should provide the respondent reasonable time to reply and prepare, and the parent should have enough time to make arrangements to appear before the court.
In Ferris, the Court decided that 19 hours of notice (the notice was provided by e-mail) was insufficient insofar as it deprived the opposing party of due process, and deprived the opposing party of a meaningful opportunity to be heard.
Call an emergency child pick up order attorney in Orlando today for the help you need in securing your parental rights 407-335-8113. The Jacobs Law Firm is here to help you!