Legal Question in Family Law in Florida

Re: Criminally charging-Interference

While there may be some criminal liability, it is not for you to "charge him" with. That is for the states attorney or federal prosecutor. You can file a criminal complaint, but it sounds like you need to file a motion in the divorce/custody case citing his behavior and the pending battery case against him in order to get primary custody or to enforce the current custody agreement. Mediation might also prove fruitful.

Re: Criminally charging-Interference

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Only the state attorney can charge your husband with a criminal charge. You can file a motion in civil court for a variety of things. At the least, you can ask the court to hold your husband in contempt for violating the visitation order in the earlier court order. You can also file a Motion to Modify the earlier order to change the custodial parent by alleging that the husband is not allowing you to see the children which is a violation of Florida law. You should meet with your attorney and discuss your options.

Scott R. Jay, Esq.