FY Divisional Instructions

Judge Burkhart is utilizing a static zoom link for Division FY. It is listed below:

Zoom Meeting Information

Zoom Link

Meeting ID: 932 6477 5237

Password: 07294973

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+19292056099, 93264775237#, 0#, 07294973# US (New York)

+13017158592, 93264775237#, 0#, 07294973# US (Germantown)

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Uniform Motion Calendar and Uncontested Final Hearings:

The court holds UMC on Tuesday, Wednesday and Thursday at 8:45 a.m. All UMC hearings will be conducted via the Court's Static Zoom Link listed at the top of this page, including uncontested dissolution of marriage hearings. You must schedule your hearing via the Online Scheduling system through Online Services (OLS) in order to be heard. For an uncontested dissolution, please provide the Court with a copy of the testifying party's driver license, settlement agreement, parenting plan, child support guideline worksheet, Testimony at Final Hearing Form and Final Disposition Form via OLS 24 hours before the scheduled hearing.

Please only submit your proposed orders 24 hours prior to your hearing and no sooner.

Paternity Agreements:

If you have a signed settlement agreement and parenting plan, you can simply upload your documents, including a proposed Final Judgment, via Online Services, a hearing is not required.

Motions to Withdraw:

If you have the written consent of your client AND if the case is not set for trial or a special set hearing, you can upload a copy of the consent, motion and proposed Order to OLS. Otherwise, you will need to set the matter for hearing on the Court's Uniform Motion Calendar docket Please remember a copy for conforming and self-addressed stamped envelope for any pro se litigant.

Live In-Person Hearings

Domestic Violence and Injunction Hearings

TRIAL and EVIDENTIARY HEARINGS (Unless Zoom is specifically authorized by the Court). Do not submit an order setting hearing with zoom information unless the Court has granted permission for the hearing to occur via zoom.

Evidentiary Hearings

Any hearing requiring more than five minutes per side or that requires the Court to take evidence, must be special set. Fifteen or thirty-minute hearings can be scheduled through OLS. If a party is requesting more than thirty minutes, they must email the motion along with the requested amount of time to CAD-DivisionFY@pbcgov.org. The Judge will review the motion and make a determination of the amount of time that will be permitted. Parties may not take multiple time blocks on OLS to bypass the requirements for setting a hearing that will take more than thirty minutes.

Parties are ordered to follow the specific instructions set forth on the Order Setting Hearing that issues after the hearing is scheduled.

Any case law, motions or memorandums of law, etc. must be submitted to the Court in hard copy no less than three days before the scheduled hearing. Evidence should not be submitted to the Court in advance of any live hearing. All evidence must be properly marked and brought to Court. If a hearing is scheduled by court order to occur on zoom, any evidence must be uploaded to the Fifteenth Judicial Circuit's Online Evidence Portal.

Service and Submission of Proposed Orders and Judgments

• All proposed orders/judgments must be submitted and uploaded through the OLS system, directions on how to submit a proposed order is provided below.
• Administrative Order 5.204 requires that some portion of text of the Order be included on signature page.
• Proposed Orders should be submitted within two days after the hearing via the OLS system.  Please do not submit proposed orders prior to an evidentiary hearing.  
• A Proposed order should include a cover letter specifying the date of the hearing and should be noted in the system filing.
• Agreed Orders should indicate they are Agreed to by the parties in the comment section. If the wording or language is not agreed to, there must be an indication in the comment section that it is a competing order and not agreed to.

Temporary Relief Hearings

• A Motion for Temporary Relief must be filed and docketed.
• Mediation ON THE TEMPORARY RELIEF SOUGHT (following the filing of the motion for temporary relief) must be held before a temporary relief hearing will be scheduled. See Administrative Order 5.207. The parties must ensure that a mediation report is placed into the Court file indicating an impasse.
• Following mediation, if parties are unable to reach an agreement, dates and times for temporary relief hearings can be scheduled as outlined above.
• Hearings are limited to a total of thirty (30) minutes pursuant to Administrative Order 5.207 unless permission granted by the Court.

Notice/Motion to Set Cause for Trial

• A MEDIATION must occur before the notice of trial will be considered.
• Original notice/motion to set cause for trial shall be filed with Clerk's office.
• Please adhere to all instructions in Administrative Order 5.209.
• JUDGE MUST RECEIVE A COURTESY COPY OF THE NOTICE FOR TRIAL.
• Notices must include the date and outcome of the Mediation, the specific motion or petition/counter petition to be tried, including docket entry number and the estimate of time necessary for trial.
• Once the Notice to Set Cause for Trial is received, the Court will set the matter for a Case Management Conference on its UMC docket.  All notices of unavailability must be filed prior to the CMC.

PURSUANT TO FL STAT 61.21 and Administrative Order 5.212 both parties must have attended a Parent Education and Family Stabilization Courts prior to the setting of a Final Hearing with children (contested or uncontested).

QDRO (Qualified Domestic Relations Order)

• All parties and counsel must strictly comply with Administrative Order 5.213.
• Attorneys/Pro Se Litigants are to file a QDRO Motion of Entry with the Plan Administrator pre-approval letter. In the event the Plan Administrator do not require a pre-approval, a letter will need to state this fact and filed with the motion. The QDRO Motion of Entry form can be found in the FY Forms and Orders link to the right.
• FOR ATTORNEYS ALL PROPOSED ORDERS WILL NEED TO BE UPLOADED VIA THE OLS (Online Scheduling System) after the Motion and Letter of Plan Pre-approval have been filed to the case.
• PRO SE LITIGANTS WIL NEED TO MAIL THE DOCUMENTS INTO THE COURT after the Motion and Letter of Plan Pre-approval have been filed to the case, if they are unable to upload via the OLS system.

Post Judgment Matters:

Modifications, Motions for Contempt and/or Enforcement of Final Judgment:

• All post judgment modifications, motions for contempt and/or enforcement of final judgment are referred to the General Magistrate.  
• All child support post-judgment matters are heard by the Magistrate.
• It is the responsibility of the party or counsel to prepare and submit an order of referral if necessary.
• If filing a preemptory objection to the General Magistrate, NO Order of Referral is necessary. Simply forward a copy of your preemptory objection to the General Magistrate for consideration.
• All post judgment Motions to Withdraw as Counsel of Record are heard by the Magistrate, unless an Order Sustaining Objection has been entered and the matter was referred back to the Judge.
• Attorney or pro se litigant should send the proper 15th Judicial Circuit Order of Referral to the Judge (See Divisional Forms and Orders).
• If the attorney or pro se litigant files an objection, please copy the General Magistrate with same.
• If an order sustaining objection is entered the attorney should contact the Judicial Assistant via e-mail to schedule the matter (Administrative Order 5.104).
• Pro se litigants should contact the division case manager (561-330-1733) to schedule the matter.
• When requesting a Final Hearing on a post judgment Petition or Motion, PLEASE include the name of the pleading in your trial notice AND include a copy of the pleading and Order Sustaining Objection to General Magistrate with your trial notice.

Petitions for Temporary Custody:

• These matters can be scheduled for a special set hearing via OLS.
• Please see Administrative Order 5.111, which requires the filing of a checklist prior to requesting a hearing.
• These matters will not be heard on the UMC docket.

Adoptions and Name Changes:

• All adoption and name change statutory requirements must be met before a final hearing will be set.
• Staff Attorneys review all adoption matters. If you feel your adoption matter is ready for final hearing, please e-mail the JA. who will contact the Staff Attorney for you.
• If you have a name change petition, please be sure the criteria outlined in F.S. 68.07 has been met. Case Managers review pro se petitions. If the Petitioner has counsel, the matter may be set on the Court's UMC.

Formatting Documents

All recorded documents (including final judgments) must provide a 3x3 inch space in the top-right-hand corner. The Clerk of Court will no longer accept documents for recording without this space. Please see Rule 2.520, and MyPalmBeachClerk.com. You may also contact the Clerk of Court for further information as to the specific documents required.

Local Rule 4

The Court expects strict compliance with amended Local Rule 4. Prior to setting a matter on the motion calendar, the party or counsel noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve. See amended Local Rule 4.

Self-Represented Parties (Pro Se)

If you are a self-represented pro se party (with no attorney), you must contact the Family Court Case Manager, Erika Ireland, at 561-330-1733, for questions and guidance regarding your case.

To receive and serve court documents by email, please review Administrative Order 2.310 and complete and file a Notice of Designation of Email Address for E-Service.

Do Not Send Letters, Emails or Notes to the Court

The Court does not act on letters, notes or emails sent by either party. The Court acts on petitions or motions properly filed with the Clerk of the Court. File the appropriate petition or motion with the Clerk of the Court, send a copy to the opposing side and a courtesy copy to the Court in order for requests to be addressed by the Court. All documents emailed to the Court must state that they were emailed to the opposing side in the same email or they will be returned as ex parte communication.