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Family Law Matters That A General Magistrate Or Hearing Officer Can Not Hear In Miami-Dade County

July 2, 2015 by  
Filed under Uncategorized

 

 

When dealing with a Family law matter it is important to have an attorney who understands the law, local rules, and administrative orders.  Often issues are referred by the Court to a General Magistrate or Hearing Officer.  While the Florida Family Law Rules of Procedure set out matters that a General Magistrate or Hearing Officer can hear, Miami-Dade County has an Administrative Order (02-30-A1) which states that they should not be referred and shall not hear: 

A. Final Hearings of Open/Pre-Judgment Petitions for Dissolution of Marriage.

B. Final Hearings on Petitions for Dissolution of Marriage wherein a Bifurcated Final Judgment was entered and the Court reserved jurisdiction on pending issues in the original Petition.

C. All Non-evidentiary Motions.

D. Petitions for Termination of Parental Rights Pending Adoption and Petitions for Adoptions.

E. Petitions for Injunction for Protection Against Domestic Violence. F. Motions for Appointment of Guardians, Experts and Health Care Professionals that are not related to a matter referred to the General Master/Hearing Officer.

Not knowing this Administrative Order this can lead to delay in obtaining the relief you need from the Court in your family law, divorce, paternity, domestic violence or adoption case.  Knowing the Administrative Order can prevent the other party in a family law, divorce, paternity, domestic violence or adoption case from obtaining a referral to or ruling from a General Magistrate or Hearing Officer that should not have been obtained.

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.