Legal Question in Family Law in Florida
contempt
I filed a motion for contempt on my ex husband for violating our child visitation schedule and final judgment, our hearing was on 9.6.07 I still have not received my response from the magistrate, I am told to wait for the mail. Can I file another contempt motion for the fact my son has still not been returned to me (he was taken out of state w/ out permission from me or the courts) can I file another contempt motion, since I haven't received a response yet, my son was kidnapped and I want him back the court is taking there time and this is urgent to me. can I file again or will it be denied since I have already done so? Everyday my son is not returned home should be contempt. Please help
2 Answers from Attorneys
Re: contempt
If it is for the same occurrence, no additional motion shoulld be made. If the decision is overdo, contact the judge, in writing.
Re: contempt
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
This does seem unusual that there has not been a finding by the magistrate. You should contact the court and inquire as to the delay. Explain the nature of the original motion and ask for the judge's judicial assistant to discuss this with the judge. Follow up your telephone call with a request in writing but be sure to keep it in a professional manner. If this does not bring immediate action, it is time to hire an attorney to intervene on your behalf.
Scott R. Jay, Esq.