Legal Question in Family Law in Florida
My ex-husband has just been found in contempt for the 6th time. The judge also filed a commitment order with a $1000 purge payment to be paid instanter. In April, the same thing happened and my ex spent a night in jail and had to come up with a $2850 purge payment. He filed an appeal for the April orders and we are currently waiting on the results of the appellate review. Now he has just filed another appeal for these most recent September orders and has filed a Supersedeas Bond with the clerk of court.
for the $1000 purge payment (plus interest as per Appellate rules). He is asking the court to stay its recent commitment order until further review by the 4th District Court of Appeals, which can take months! (We don't even have an answer from his first appeal back in April) Does the filing of an appeal delay the process of enforcement of an order by the lower court? The judges and magistrates have all found him to lack credibility in his testimony at all our hearings. When do they take his visitation away??
1 Answer from Attorneys
Yes. The appeal can delay the process. And his visitation gets taken away if it is in the best interest of the child (probably because the child is in some sort of immediate physical danger.