Legal Question in Civil Rights Law in Florida

My question is, Can a FL family court judge, sign and issue a Court Order that imposes restrictions against a third party that is not a party to the case in his court?

"The Mother gets off work for her lunch break each day at 2:00 p.m. to breast feed the child returns to work by 3:00 p.m. The Father shall deliver the child to the maternal grandparents home each day by 2:00 p.m. and will retrirve the child by 2:50 p.m. to allow the Mother to return to work by 3:00 p.m. During these delivery times the maternal grandparents are to remain in their home and are not to have any interaction with the Father." I feel that this Court Order, in fact is in direct violation of my rights as a homeowner, US and Florida citizen, against both Constitutions at the very least! My wife and I both feel as if the judge imprisoned us in our own home during these times. He also denied us of our right as homeowners to say who can or cannot enter our property! I have always believed in and (severed 25 years in the USAF) protecting our rights as American's, and thought that our court judges' job was to do the same. Not to signs orders that deny the rights of people not even involved in the case as a (party) to said case.

I feel like, we should beable to sue someone or everyone involved in this order, so if you can help me in this legal matter, I do need the help!

Thanks

Imprisoned


Asked on 2/14/10, 10:39 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

You are correct that the judge should not have bound you to stay at home if you weren't in court and since you aren't a party. You can't sue, though. Your remedy is to go to the judge (best with a attorney) and politely ask to be released from the order. Of course, your daughter's timeshare will probably suffer, and you won't get to see your grandchild for that extra hour per day, but that's the loss you'll take.

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Answered on 2/28/10, 6:59 am


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