Legal Question in Family Law in Florida
Can I file an order of contempt on my ex wife? We have a parenting plan in place that does not specifically name who can be present at exchanges, its just states that both parents are responsible for transporation. My fiance has been with me at every exchange for over a year now, my fiance has done the exchange the last 4 times because I have been at our business, and my ex wife has been very kind to her, spoken about our sons glasses, receipts etc. No problems. This last time my fiance met to pick him up, she went nuts and said to my fiance "I do not know you, my son is not getting in a car with you and I dont have to let him" and took off. I am assuming my son being with us all summer is bringing on some sort of insecurity. But being how its never been a problem before can I do a motion for contempt? She has had him for 2 days now that is not her time because she is too busy to meet me when I am available now. Thanks!
2 Answers from Attorneys
Yes you can file a Motion for Contempt/Enforcement - set hearing and serve her. My question to you is was she on drugs or did she have some kind of relapse of mental incapacity - why would she not know who your fiance was? That to me would raise an eyebrow.
Although you could file a Motion for Contempt/Enforcement of your Final Judgment, it is important to be aware that Contempt is really set aside for when a party is in willful and knowning violation of the order. If your Order does not say that you can allow a third party to pick-up and transfer your child from your ex-wife to you, then I would rather consider filing a Supplemental Petition to Modify the Final Judgment to allow that, or file a Motion for Clarification to get the Judge to clarify that yes in fact you can allow a third party to pick up or transfer your child. I would also just meet her whenever you need to to get your parenting time started, because although it seems your ex-wife is being difficult, isn't it more important to have time with your child at whatever time you have to pick them up? I would really consider talking to a family law attorney about getting some clarification in your Final Order if these issues continue to occur.