Legal Question in Family Law in Florida
My ex lived in Broward County. I lived in Palm Beach when we divorced and a parenting plan was established by the court. After about 1 year she decides to move to Oceola County, with my consent only because she offered to bring my daughter and child visitations will not be affected. She didn�t keep her word and failed to bring my daughter. On May 17, 2011 I filled a Motion to enforce. The Judge ordered my ex to follow the initial order and to bring my daughter every other weekend stated on the previews order. She fail the court order again for the 2nd time. On September 28, 2011 I filled a Motion for contempt/enforcement, still waiting for a hearing. My ex lawyer filled a motion to change venue on October 3, 2011 and there�s a hearing on October 19, 2011.
1. Can she be granted her motion after 1 year and a half of living in Oceola County and only filled a motion to venue because she is in contempt?
2. If she her motion to venue is granted. Will I get a hearing for my motion for contempt in Oceola County?
3. If she is found in contempt, Will the court have her move back to Broward County as I request in my motion?
1 Answer from Attorneys
Can she be granted a change of venue, yes, but is it appropriate under the circumstances you have laid out - probably not.
Wherever venue is determined to be, that is where your hearing on the contempt issue should take place.
If she is found in contempt it is unlikely in my opinion that the court would force her to move to Broward. In general, courts do not order a party to move.
I'd suggest you hire a lawyer to aggressively pursue the contempt issue and to fight against the change in venue.
This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.
Cary Levinson, Esq.
Levinson & Capuano, LLC
(954) 703-2110
BrowardLegal.com
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