Temporary Injunction to Prevent Removal of Minor Child
Posted By Posted by Damien McKinney on Jun 24, 2013 1:15pm PDT || Jun 24, 2013
Can a court enter an emergency injunction that prevents me from moving with my minor child? Yes, the court has that power, but it must make specific findings in order to do so. In Switzer v. Switzer, the trial court failed to make those findings when it entered an emergency injunction that prevented Mr. Switzer from removing the minor child 48 miles from his current residence. His lease was up at his current residence and he sought to relocate to a new residence. Ms. Switzer filed an emergency motion and the trial court entered a temporary injunction that prevented him from moving to the new residence with the minor child.
The Fifth District Court of Appeal found that the trial court erred and did not make the proper findings before entering the temporary injunction. In order for a court to enter a temporary injunction that prevents you from moving with a minor child, it must make the following findings: (1) there is a likelihood of irreparable harm and the unavailability of an adequate remedy at law; (2) the petitioner has a substantial likelihood of success on the merits; (3) the threatened injury to the petitioner outweighs any possible harm to the respondent; and (4) the granting of the temporary injunction will not disserve the public interest.
If you believe your spouse is planning to relocate a minor child and you wish to seek a temporary injunction that prevents the spouse from doing so, contact your expert family law attorney to discuss your rights and responsibilities as it relates to your case.