FAMILY COURT DIVISION

CALENDAR PROTOCOLS FOR JUDGE ARIANA FAJARDO ORSHAN (FC 02)

Judicial Assistant: Copies of documents may be sent to the judicial assistant, Bernice Diaz, at mailing judicial assistant is in addition to the procedures set forth herein.

(5) Minute Motion Calendar: Mondays10:30AM

To set a case on the five (5) minute motion calendar, the Motion and the Notice of Hearing must be electronically filed by attorneys with the Clerk of Court . If self-represented, motions must be filed with the assistance of the Family Court Self Help Program,located atLawson E. Thomas Courthouse Center, 175 NW 1st Avenue, 24th Floor, Miami, FL 33128. The original motion must be filed with the Clerk of Court.Courtesy copies must be submitted upon filing the Motion and Notice of Hearing with 7 business days’ notice.

Multiple Motions: If you have multiple motions on the same case set on motion calendar, that case will be heard last on the motion calendar

CANCELLATIONS:Counsel that schedules a hearing must file a Notice of Cancellation with the Clerk of Courts if the hearing that has been requested is cancelled, with a courtesy copy sent to the Judge’s chamber.

UCD Calendar: Mondays1:30pm

To set Uncontested Final Hearings, a Notice of Hearing must be filed with 7 businessdays’ notice with the Clerk of Court. Self-representedlitigants mustobtain assistance from the Family Court SelfHelp Program,located at Lawson E. Thomas Courthouse Center, 175 N.W 1stAvenue, 24th Floor, Miami, FL 33128. Courtesy copies of the documents must be provided to the Judge’s chamber.

Attorneys must bring a paper copy of the signed settlement agreement and a proposed Final Judgment to the uncontested Hearing.

Do I need a UCD hearing?

If both parties consent to not having a hearing and submit a signed stipulated Final Judgment, then you may avoid a hearing as set forth below. A sample stipulated final judgment can also be found below.

  1. No child(ren) of Marriage:

If there are no child(ren) born/adopted of the marriage and a spouse/surrogate is not pregnant, you do not need to come to court for a trial hearing if you have settled all the issues in your case. To avoid a court hearing, the petitioner and/ or counter petitioner must send a copy of their driver’s license and a proposed final judgment to the Judge’s chamber and the court will review the paperwork and enter a final judgement in chambers, if appropriate. If the court determines that a hearing is required, the judicial assistant will contact the parties to schedule same.

  1. Child(ren) of Marriage:

If there are child(ren) born/adopted of the marriage and/or a spouse/surrogate is pregnant, you may be able to avoid coming to court for a UCD hearing if:

  1. The settlement agent provides a statement that the parents believe the parenting plan is in the child(ren’s) best interest; and
  2. The petitioner and/ or counter petitioner must send a copy of their driver’s license and a proposed stipulated final judgment to the Judge’s chamber; and
  3. The proposed stipulated final judgment must state “based on the party’s argument that this parenting plan is in the child(ren’s) best interest, the court finds same and adopts the parenting planand must be signed by both parties.
  4. If all the paperwork is in order, the final judgment will be entered in chambers. If there is an issue with the paperwork, or a hearing is requested, the judicial assistant will contact you.
  1. Driver’s License:A proper driver’s license requires that it be issued by the State of Florida six(6) months prior to the date of filing the petition for dissolution of marriage.
  1. Sample Stipulation Final Judgment

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

IN RE: THE MARRIAGE OF
______, / FAMILY DIVISION
CASE NO. ______
Petitioner, / Section: 02
and
______’
Respondent.
______/

STIPULATED FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE

WAIVING RIGHT TO UNCONTESTED FINAL HEARING

THIS CAUSE came before the undersigned on the Wife‘s Petition for Dissolution of Marriage. After hearing argument of the parties, it is therefore

ORDERED AND ADJUDGED that:

  1. The Court has jurisdiction over the parties and the subject matter herein.
  1. Residency was established by a copy of the driver’s licensed attached hereto. The parties waive their right to a uncontested final hearing and stipulate to this order in lieu of same.

3.This Court has jurisdiction over the minor child(ren):

The United States is the country of habitual residence of the child(ren).

The State of Florida maintains the most significant contacts with the child(ren) and is the most appropriate forum for addressing parenting contact.

The State of Florida is the child(ren)’s home state for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act and the Parental Kidnapping Prevention Act.

Venue is proper in MiamiDadeCounty.

The requirements of the International Child Abduction Remedies Act and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25, 1980 are met.

4. The marriage of the parties is irretrievably broken, and is hereby dissolved.

5. There is _____ minor child(ren) of the marriage; to wit:

Name(s) / Date of Birth / Age / Gender

6. A marital settlement agreement has been executed by the parties. The agreement is ratified and is incorporated herein by reference. The parties are ordered to obey all of its provisions.

7. In accordance with the marital settlement agreement, the parties agree that there shall be sharedparental responsibility. The Parenting Plan and Time Sharing Schedule will be in accordance with the marital settlement agreement.

8. The parties stipulate that the provisions of this settlement agreement, in specific, the parenting plan is in the best interest of the child(ren).

9. The Father shall pay to theMother the amount of $______per month as and for child support pursuant to the statutory child support guidelines. The Obligor’s child support obligation shall continue until modified by court Order, the youngest child turns 18, enters the military service, becomes emancipated, marries, dies, or otherwise becomes self-supporting. The amount of child support for the remaining children shall be recomputed at such time. Payment of the full amount shall be reset as stated below when a child is no longer eligible for support.

Name / Date of Birth / Expected Date of Change: / Obligator's New Support Payment Amount:

10. The parties waive their right to an uncontested final hearing and agree that the undersigned may issue a final judgment in chambers.

STIPULATED TO AN AGREED TO BY THE PARTIES:

______

PetitionerRespondent

11. Based on the parties’ stipulation, the undersigned finds that the parenting plan is in the child(ren)’s best interest.

12. The Court reserves jurisdiction as to the welfare and best interest of the child.

13. The Court hereby reserves jurisdiction for the purposes of enforcement of the provision of this Final Judgment.

DONE and ORDERED in Chambers at Miami-Dade County, Florida, on this the _____ day of ______, 2018.

______

ARIANA FAJARDO ORSHAN

CIRCUIT COURT JUDGE

Copies to:

Emergency Procedures Information:

Emergency Motions must first be filed with the Clerk of Court. The Emergency Motion and Request for Hearing must be electronically filed (e-filed) by attorneys. Self-represented litigants must seek assistance from the Family Court SelfHelp Program, located at the Lawson E. Thomas Courthouse Center, located at 175 NW 1stAvenue, 24th Floor, Miami, FL 33128. Courtesy copies of the Emergency Motion and Request for Hearing must be delivered to the Judge’s chamber. The Judge will review the Motionand the Judicial Assistant will follow-up accordingly with scheduling.

Special Sets:

Motions and Requests for Hearing for any matter requiring a special set hearing must be electronically filed with the Clerk of Court. Self-represented litigants mustseek assistance from the Family Court SelfHelp Program, located at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, 24th Floor, Miami, FL 33128, Judge’s chambers. The judicial assistant will contact you to schedule a hearing.

Case Management Conference (CMC): Mondays 2:30pm

The court, from time to time, may hold case management conferences on your case. Generally, case management conferences will be held on Mondays at 2:30pm, but they could be scheduled at other times as well. For the hearing the attorneys and the parties must be present unless excused prior to the hearing. If an attorney or partiesneed to appear by phone, please contact the judicial assistant to make those arrangements. Five (5) days prior to hearing, a case management summary must be filed with the clerk and emailed to the judicial assistant advising as follows:

  1. Background of case;
  2. Status of time-sharing, if there is/ are chid(ren);
  3. Status of support (child support and alimony);
  4. Pending motions requiring hearing and time needed;
  5. Plans for mediation; and
  6. Time needed for trial, if case is at issue.

DV Hearing: Thursdays 10:00am

Return hearings an ex-parte temporary injunctions shall be held on Thursdays at 10:00am. These are 15-minute hearings. If you have witnesses, you must request a special set hearing as provided above. If you wish to continue the case, you must file a motion for continuance. If the Respondent requests a continuance and there is an injunction in place, the injunction will be extended. If the Petitioner requests a continuance and there is an injunction in place, there must be good cause and/ or agreement by the respondent. If either party wishes to address time-sharing on the ex-parte injunction, a motion must be filed and a hearing must be scheduled.