My question involves child abuse or neglect in the State of: Florida
Ok, here we go...
I have prepared a motion for contempt and enforcement where my ex wife has been trying to eradicate me from my son's life in every way she can. I have been dealing with this since 2014 and I have tried to work it out with her to stop her actions and conduct. She ruined my credit (as explained in the motion) and I cannot afford an out of pocket attorney. No bank will touch me. I am at the point where I am ready to file and I could stand in front of a judge for an entire week and provide examples with supporting evidence... I have to cut my losses on the thousands of other incidents because this is not a battle for me, it is a battle to protect my child. Please me any thoughts or advice you have even if it is constructive criticism. I have to break this down to 2 posts so there will be a response to the original post that contains part 2.
What I am asking the courts to do,
o. __X__ awarding other relief: Petitioner prays the court finds it to be in the best interest of the child to modify the parenting plan awarding the petitioner sole parental responsibility of the child and award the respondent with reasonable visitation rights. The respondent has clearly displayed intent to cause irreparable harm to the relationship between the petitioner and the child as well as the irreparable harm being caused to the child’s emotional wellbeing. In regards to the child, the petitioner prays the court commands the respondent cease any further actions or conduct that is detrimental to the relationship between the child and his father and that any future incidents be addressed progressively. Petitioner prays the court would order all further communication between the petitioner and the respondent be done through a court documented email service such as “Parent Portal”. Petitioner prays the court would command the respondent to cease any further actions or conduct which causes alienation between the child and his other relatives. Petitioner prays the court releases him from liability of mortgage, insurance and tax payments the respondent was ordered responsible for beginning December 15, 2014. Petitioner prays the court releases him from any liability for attorney’s fees and any negative monetary balances regarding the marital home. In regards to marital assets, the petitioner prays the court command the respondent to fully comply with the orders of the courts and future incidents of contempt be addressed with progressive judicial action deemed appropriate.
The following was copied and pasted directly from the motion itself.
1. A final judgment of DISSOLUTION OF MARRIAGE in this case was entered and ORDERED on X, 2014, by the xxx Judicial Circuit in xxxxCounty, Florida as case number XXXX-DR-000129. Prior to the final judgment, both the petitioner and respondent attended mediation on xxxxx 2014, in which a full agreement in the resolution of all contested issues in the case was reached. Both parties freely, knowingly, intelligently and voluntarily entered and intended to be bound by all provisions of the mediation agreement. Both the petitioner and respondent have shared parental responsibility with joint custody of one minor child, born in xxxx. The minor child was born during the marriage and is subject to the proceedings. The Honorable, XXXXX presided and issued the final judgment in this case.
2. This order of the Court required the other party in this case to do or not do the following:
a. Section 3.4; Free Access; The parents shall use all reasonable efforts to maintain free access and create a feeling of affection between themselves and between the child. Neither parent shall do anything to hamper the natural development of the child's love and respect for the other party.
b. Section 4.1; By Mutual Agreement, The parents agree that it is in the best interest of the child to have frequent and continuing contact with the child, and spend time with the child at times they have mutually agreed to in advance. The parents shall communicate and cooperate with respect to the time sharing schedule.
c. Section 4.5; Time-Sharing During Periods Not Specified, The parties agree that when the child reaches the age of 12 or before his 6th grade year that they shall agree to modify the time sharing schedule to allow for a week to week which shall run from Friday at 5:00 p.m. until the following Friday when the child is returned to school or to daycare/other parent if non-school day.
d. Section 5.1; Communication Between Parents, All communication regarding the child shall be between the parents. The parents shall not use the child as a messenger to convey information, ask questions, or set up schedule changes.
e. Section 5.2 (a) and 5.2 (b); Communication between Parent and Child, Telephone or other electronic communication between the child and the other parent shall not be monitored by or interrupted by the other parent and the child may have telephone communication with the other parent anytime.
f. Section 5.4; Informed Whereabouts, Each parent shall keep the other parent informed regarding the whereabouts of the minor child, including with respect to overnight visits with relatives or friends. If a child will spend one or more overnights outside of the residence of the parent, that parent will provide to the other parent, upon request, the addresses, telephone numbers of each location, the length of the stay, and the name of all persons who may provide care for the child during the stay, the departure time and date, and the time and date of the child's return or arrival.
g. Section 5.5; No activity that endangers the child, The parents shall refrain from engaging in any activity which may endanger the health, safety or morals of their child. This includes not questioning the child about the other parent; discussing adult subjects such as finances or legal matters with the child or including the child in any discussion either directly or indirectly about the dissolution of marriage.
h. Section 5.10; No Disparagement of Other Parent, No parent shall make disparaging comments about the other parent to the child or while in the presence of the child, nor allow any other person to do so.
i. Section 6.1; Recognition of Childs Rights, Each child has the right to have two parents and to love each without fear of anger or hurt from the other.
Section 6.2; Recognition of Childs Rights, Each child has the right to develop an independent and meaningful relationship with each parent and to respect the personal differences of each parent and each home.
Section 6.3; Recognition of Childs Rights, Each child has the right to be free from being present during the parents' personal battles or being used as a spy, messenger, or bargaining chip.
Section 6.4; Recognition of Childs Rights, Each child has the right to enjoy the mother's family and the father's family, to see each of the families as being different from each other, and not to have these differences referred to as "better" or "worse".
Section 6.5; Recognition of Childs Rights, Each child has the right not to be questioned about the other parent’s private life.
Section 6.6; Recognition of Childs Rights, Each child has the right not to hear parents speak ill of each other, nor to have to hear about difficulties with the other parent.
Section 6.7; Recognition of Childs Rights, Each child has the right to see his or her parents being courteous to and respectful of each other.
j. Section 8.2; The Marital Home; The parties agree that the MARITAL HOME shall immediately be listed for sale with an agreed upon licensed realtor for a sum mutually agreed upon after consultation with the realtor.
k. Section 8.3; The Marital Home; While the house is pending sale, the parties agreed that the wife may continue to reside in the home and she shall be responsible for the expenses associated with same to include mortgage, taxes, insurance, utilities etc. The wife shall assume exclusive use and possession of the home on December 15, 2014.
l. Section 10.3a; Division of Other Assets; The parties agree that while the house is pending sale, the wife may use the lawn mower to maintain the yard at the residence. Upon sale of the home, the riding lawn mower shall be sold for a price agreed upon them and the proceeds received from such sale shall be divided equally; 50% to Husband and 50% to wife.
m. Section 10.3b; Division of Other Assets; The parties agree that the husband shall receive color copies of all photos. The husband may scan such photos and return them to the wife.
3. The other party in this case has willfully failed to comply with this order of the Court:
a. Section 3.4; Free Access; Since September 2014, the respondent (biological mother) has intentionally, knowingly and purposely attempted to alienate the minor child from both the petitioner (biological father), the petitioner’s family as well as the respondent’s own immediate family members and close friends. The respondents conduct is causing emotional distress to the petitioner, petitioner’s family as well as the respondent’s own immediate family members. The respondents actions are detrimental to the emotional, psychological and over all wellbeing of the minor child. The effects of the continual alienation of the child are having a snowball effect to both the child and those being alienated.
b. Section 4.1; By Mutual Agreement, The respondent is interfering with the time sharing schedule. The respondent takes it upon herself to interfere with the time sharing schedule when she sees fit and does not confer, advise or make any attempts me or ask to change the schedule in advance. To wit;
On two occasions, the respondent intentionally and knowingly interfered with custody and my time sharing with our son. There was no agreement between her and I regarding the change and the respondent was advised after the very first incident that the final order directs us to confer with the other parent and there is to be a mutual agreement before an incident of time sharing modification. She ignored my attempts to advise her of such and withheld our child from me anyway.
1. On xxxxxx, 2015, I arrived to pick up our child. I waited for over 30 minute’s texting his mother notifying her that I was there to pick him up. The respondent knew I had arrived because she was responding to my text messages. The respondent refused to allow our child to the home. He never exited his mother’s residence and a Police report was filed with the xxxxxx County Sheriff’s Office for information and documentation purposes.
2. On xxxxx, 2016, the respondent refused to have our child available for court ordered time sharing. I arrived to pick our child up at the normal date, time and transfer location but he was not there and neither was his mother. She had the opportunity to return him to me before my time sharing but refused to do so.
I departed and contacted the xxxxx County Sheriff’s Office. A Deputy Sheriff took my information and contacted the respondent by phone to inquire why she did not have our son available for my time sharing. She informed the deputy that I had agreed via text message to pick the child up in Orlando a day after the scheduled pickup date. The statement made to the deputy was not true and there was no agreement whatsoever between her and I. The deputy requested the respondent contact him upon her return and show proof of the agreement via text message as she alleged.
If the respondent did in fact have text message agreement as she claimed, why would I contact the sheriff’s department and file a report knowing there was a text message where we agreed? That is providing false information to a law enforcement officer.
c. Section 4.5; Time-Sharing During Periods Not Specified, Our child will begin his 6th grade year of school on August 11, 2016. I have requested the respondent to modify the time sharing schedule to allow for week to week time sharing in which she refuses to respond or discuss.
d. Section 5.1; Communication Between Parents, The respondent refuses to communicate important matters related to our child and has used our child on several occasions to pass along demands, instructions as well as information and or communication from her to me. To wit;
On March 22, 2016, I received a phone call from our child. We discussed various things about going to Lego Land and the Nickelodeon Resort for his spring break. Towards the end of the call our child could be heard talking with his mother. He then proceeded to inform me that I would need to pick him up in Orlando for my regular time sharing and I would have to pick him up a day later then the scheduled pickup date. I changed the subject of the conversation with our son because I could tell by his tone and the emotion in his voice that he was uncomfortable (Our son begins to stutter heavily when he is nervous). After speaking with our son, I immediately texted his mother and advised her I did not agree to any change in the time sharing schedule. I requested that she have our child available for time sharing as directed by the schedule and not use him as a messenger. There have been many other instances where our child has given me instructions regarding parental matters. These instructions were given to our child by his mother to pass along to me. I have asked the respondent not to do this and she refuses to listen or reason.
e. Section 5.2 (a) and 5.2 (b); Communication between Parent and Child, The respondent is intentionally interfering with telephone communication between me and our child. To wit;
Ok, here we go...
I have prepared a motion for contempt and enforcement where my ex wife has been trying to eradicate me from my son's life in every way she can. I have been dealing with this since 2014 and I have tried to work it out with her to stop her actions and conduct. She ruined my credit (as explained in the motion) and I cannot afford an out of pocket attorney. No bank will touch me. I am at the point where I am ready to file and I could stand in front of a judge for an entire week and provide examples with supporting evidence... I have to cut my losses on the thousands of other incidents because this is not a battle for me, it is a battle to protect my child. Please me any thoughts or advice you have even if it is constructive criticism. I have to break this down to 2 posts so there will be a response to the original post that contains part 2.
What I am asking the courts to do,
o. __X__ awarding other relief: Petitioner prays the court finds it to be in the best interest of the child to modify the parenting plan awarding the petitioner sole parental responsibility of the child and award the respondent with reasonable visitation rights. The respondent has clearly displayed intent to cause irreparable harm to the relationship between the petitioner and the child as well as the irreparable harm being caused to the child’s emotional wellbeing. In regards to the child, the petitioner prays the court commands the respondent cease any further actions or conduct that is detrimental to the relationship between the child and his father and that any future incidents be addressed progressively. Petitioner prays the court would order all further communication between the petitioner and the respondent be done through a court documented email service such as “Parent Portal”. Petitioner prays the court would command the respondent to cease any further actions or conduct which causes alienation between the child and his other relatives. Petitioner prays the court releases him from liability of mortgage, insurance and tax payments the respondent was ordered responsible for beginning December 15, 2014. Petitioner prays the court releases him from any liability for attorney’s fees and any negative monetary balances regarding the marital home. In regards to marital assets, the petitioner prays the court command the respondent to fully comply with the orders of the courts and future incidents of contempt be addressed with progressive judicial action deemed appropriate.
The following was copied and pasted directly from the motion itself.
1. A final judgment of DISSOLUTION OF MARRIAGE in this case was entered and ORDERED on X, 2014, by the xxx Judicial Circuit in xxxxCounty, Florida as case number XXXX-DR-000129. Prior to the final judgment, both the petitioner and respondent attended mediation on xxxxx 2014, in which a full agreement in the resolution of all contested issues in the case was reached. Both parties freely, knowingly, intelligently and voluntarily entered and intended to be bound by all provisions of the mediation agreement. Both the petitioner and respondent have shared parental responsibility with joint custody of one minor child, born in xxxx. The minor child was born during the marriage and is subject to the proceedings. The Honorable, XXXXX presided and issued the final judgment in this case.
2. This order of the Court required the other party in this case to do or not do the following:
a. Section 3.4; Free Access; The parents shall use all reasonable efforts to maintain free access and create a feeling of affection between themselves and between the child. Neither parent shall do anything to hamper the natural development of the child's love and respect for the other party.
b. Section 4.1; By Mutual Agreement, The parents agree that it is in the best interest of the child to have frequent and continuing contact with the child, and spend time with the child at times they have mutually agreed to in advance. The parents shall communicate and cooperate with respect to the time sharing schedule.
c. Section 4.5; Time-Sharing During Periods Not Specified, The parties agree that when the child reaches the age of 12 or before his 6th grade year that they shall agree to modify the time sharing schedule to allow for a week to week which shall run from Friday at 5:00 p.m. until the following Friday when the child is returned to school or to daycare/other parent if non-school day.
d. Section 5.1; Communication Between Parents, All communication regarding the child shall be between the parents. The parents shall not use the child as a messenger to convey information, ask questions, or set up schedule changes.
e. Section 5.2 (a) and 5.2 (b); Communication between Parent and Child, Telephone or other electronic communication between the child and the other parent shall not be monitored by or interrupted by the other parent and the child may have telephone communication with the other parent anytime.
f. Section 5.4; Informed Whereabouts, Each parent shall keep the other parent informed regarding the whereabouts of the minor child, including with respect to overnight visits with relatives or friends. If a child will spend one or more overnights outside of the residence of the parent, that parent will provide to the other parent, upon request, the addresses, telephone numbers of each location, the length of the stay, and the name of all persons who may provide care for the child during the stay, the departure time and date, and the time and date of the child's return or arrival.
g. Section 5.5; No activity that endangers the child, The parents shall refrain from engaging in any activity which may endanger the health, safety or morals of their child. This includes not questioning the child about the other parent; discussing adult subjects such as finances or legal matters with the child or including the child in any discussion either directly or indirectly about the dissolution of marriage.
h. Section 5.10; No Disparagement of Other Parent, No parent shall make disparaging comments about the other parent to the child or while in the presence of the child, nor allow any other person to do so.
i. Section 6.1; Recognition of Childs Rights, Each child has the right to have two parents and to love each without fear of anger or hurt from the other.
Section 6.2; Recognition of Childs Rights, Each child has the right to develop an independent and meaningful relationship with each parent and to respect the personal differences of each parent and each home.
Section 6.3; Recognition of Childs Rights, Each child has the right to be free from being present during the parents' personal battles or being used as a spy, messenger, or bargaining chip.
Section 6.4; Recognition of Childs Rights, Each child has the right to enjoy the mother's family and the father's family, to see each of the families as being different from each other, and not to have these differences referred to as "better" or "worse".
Section 6.5; Recognition of Childs Rights, Each child has the right not to be questioned about the other parent’s private life.
Section 6.6; Recognition of Childs Rights, Each child has the right not to hear parents speak ill of each other, nor to have to hear about difficulties with the other parent.
Section 6.7; Recognition of Childs Rights, Each child has the right to see his or her parents being courteous to and respectful of each other.
j. Section 8.2; The Marital Home; The parties agree that the MARITAL HOME shall immediately be listed for sale with an agreed upon licensed realtor for a sum mutually agreed upon after consultation with the realtor.
k. Section 8.3; The Marital Home; While the house is pending sale, the parties agreed that the wife may continue to reside in the home and she shall be responsible for the expenses associated with same to include mortgage, taxes, insurance, utilities etc. The wife shall assume exclusive use and possession of the home on December 15, 2014.
l. Section 10.3a; Division of Other Assets; The parties agree that while the house is pending sale, the wife may use the lawn mower to maintain the yard at the residence. Upon sale of the home, the riding lawn mower shall be sold for a price agreed upon them and the proceeds received from such sale shall be divided equally; 50% to Husband and 50% to wife.
m. Section 10.3b; Division of Other Assets; The parties agree that the husband shall receive color copies of all photos. The husband may scan such photos and return them to the wife.
3. The other party in this case has willfully failed to comply with this order of the Court:
a. Section 3.4; Free Access; Since September 2014, the respondent (biological mother) has intentionally, knowingly and purposely attempted to alienate the minor child from both the petitioner (biological father), the petitioner’s family as well as the respondent’s own immediate family members and close friends. The respondents conduct is causing emotional distress to the petitioner, petitioner’s family as well as the respondent’s own immediate family members. The respondents actions are detrimental to the emotional, psychological and over all wellbeing of the minor child. The effects of the continual alienation of the child are having a snowball effect to both the child and those being alienated.
b. Section 4.1; By Mutual Agreement, The respondent is interfering with the time sharing schedule. The respondent takes it upon herself to interfere with the time sharing schedule when she sees fit and does not confer, advise or make any attempts me or ask to change the schedule in advance. To wit;
On two occasions, the respondent intentionally and knowingly interfered with custody and my time sharing with our son. There was no agreement between her and I regarding the change and the respondent was advised after the very first incident that the final order directs us to confer with the other parent and there is to be a mutual agreement before an incident of time sharing modification. She ignored my attempts to advise her of such and withheld our child from me anyway.
1. On xxxxxx, 2015, I arrived to pick up our child. I waited for over 30 minute’s texting his mother notifying her that I was there to pick him up. The respondent knew I had arrived because she was responding to my text messages. The respondent refused to allow our child to the home. He never exited his mother’s residence and a Police report was filed with the xxxxxx County Sheriff’s Office for information and documentation purposes.
2. On xxxxx, 2016, the respondent refused to have our child available for court ordered time sharing. I arrived to pick our child up at the normal date, time and transfer location but he was not there and neither was his mother. She had the opportunity to return him to me before my time sharing but refused to do so.
I departed and contacted the xxxxx County Sheriff’s Office. A Deputy Sheriff took my information and contacted the respondent by phone to inquire why she did not have our son available for my time sharing. She informed the deputy that I had agreed via text message to pick the child up in Orlando a day after the scheduled pickup date. The statement made to the deputy was not true and there was no agreement whatsoever between her and I. The deputy requested the respondent contact him upon her return and show proof of the agreement via text message as she alleged.
If the respondent did in fact have text message agreement as she claimed, why would I contact the sheriff’s department and file a report knowing there was a text message where we agreed? That is providing false information to a law enforcement officer.
c. Section 4.5; Time-Sharing During Periods Not Specified, Our child will begin his 6th grade year of school on August 11, 2016. I have requested the respondent to modify the time sharing schedule to allow for week to week time sharing in which she refuses to respond or discuss.
d. Section 5.1; Communication Between Parents, The respondent refuses to communicate important matters related to our child and has used our child on several occasions to pass along demands, instructions as well as information and or communication from her to me. To wit;
On March 22, 2016, I received a phone call from our child. We discussed various things about going to Lego Land and the Nickelodeon Resort for his spring break. Towards the end of the call our child could be heard talking with his mother. He then proceeded to inform me that I would need to pick him up in Orlando for my regular time sharing and I would have to pick him up a day later then the scheduled pickup date. I changed the subject of the conversation with our son because I could tell by his tone and the emotion in his voice that he was uncomfortable (Our son begins to stutter heavily when he is nervous). After speaking with our son, I immediately texted his mother and advised her I did not agree to any change in the time sharing schedule. I requested that she have our child available for time sharing as directed by the schedule and not use him as a messenger. There have been many other instances where our child has given me instructions regarding parental matters. These instructions were given to our child by his mother to pass along to me. I have asked the respondent not to do this and she refuses to listen or reason.
e. Section 5.2 (a) and 5.2 (b); Communication between Parent and Child, The respondent is intentionally interfering with telephone communication between me and our child. To wit;
Court Proceedings: Advice and Opinion on Motion for Contempt and Enforcement in Florida
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