What Is A Foreign Pickup Order In Child Custody Cases?
A pickup order is meant to secure the physical custody of a child from one party and then deliver the child to another party. In many cases, this happens without the parents coming into contact with one another. The child is dropped off at a neutral location, and the other parent picks them up from this location. Most Florida courts disfavor pickup orders under the belief that they can be harmful to the child. Indeed, it can be traumatic for a child to experience the police enforcing a change of custody. It is also stressful on the parent who must deliver the child to a police station. The majority of judges will use this type of order very rarely when other attempts to manage custody disputes have failed. In this article, the Tampa, FL child custody attorneys at Faulkner Law Group, PLLC will discuss foreign pickup orders and how they work in practical terms.
What is a foreign pickup order?
A foreign pickup order is an order that comes from another jurisdiction to remove a child from the custody of one parent and into the custody of another parent. Some parents have experienced a serious problem when it comes to foreign pickup orders. Police do not necessarily understand that they have the legal authority to enforce an out-of-state pickup order. The Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act provide police with a legal basis to enforce child pickup orders without having to “domesticate” them. In many cases, however, parents have reported problems with out-of-state police departments enforcing foreign pickup orders without the approval of a local judge. In some cases, police misunderstand the law which can result in a parent missing an opportunity to pick up a child at a convenient time. While most pickup orders are enforced in a short amount of time, it can sometimes be difficult for a parent to locate a child. If a parent is attempting to avoid the order and they keep moving around, it can be difficult for the other parent to locate the child.
Can I avoid problems enforcing an out-of-state pickup order?
Out-of-state pickup orders are more complicated than local pickup orders due in large part to a lack of understanding on whether or not police can enforce such a pickup order. In these cases, you can have your attorney prepare a synopsis of the law to present to a police supervisor who is responsible for the enforcement. This can expedite the process by which you exchange custody with the other parent. With the amount of confusion that many police departments have over the issue of foreign pickup orders, preparing yourself with a legal remedy is quite important.
Talk to a Tampa, FL Child Custody Attorney Today
The Tampa, FL family law attorneys at Faulkner Law Group, PLLC can help you when your spouse moves out of state and you are attempting to enforce a pickup order. Call our office today to schedule an appointment and learn more about how we can help.
