Legal Question in Family Law in Florida
Have relocated
I have custody of my son. I was remarried and given permission by the courts to relocate. I've been gone for almost a year now, but my son's father keeps filing motion for contempt against me trying to get this over turned. The judge in this case made it very clear to him that he was not a fit parent and is in the arrears of over fourty thousand dollars. I know I will have to return for this motion pending, but after this, if he continous to file motions is there something I can do to stop it? Isn't it to the point that he is harassing me? Not to mention that he is also discussing these issues with my son which is causing him emotional grief.
2 Answers from Attorneys
Re: Have relocated
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You will need to bring these issues to the court's attention and ask for sanctions to be applied. Further, the court can bar future motions if it appears that they are frivilous. You should retain counsel who can appear on your behalf, and then ask the court to require your former spouse to pay attorneys fees for each hearing - especially if they are based on frivilous motions.
Scott R. Jay, Esq.
Re: Have relocated
You are correct that a court is not happy when one parent alienates the other parent from the child by discussing parenting issues with them. Sorry to hear this is happening to your child.
There is caselaw supporting the idea that continuing to file frivolous motions can be the basis for an order requiring the filing parent to get permission before continuing to file motions.
the most effective way to stop it is to make it economically unfeasable to continue. Lawyer up and make the other parent pay through the nose for this.
Hope this helps - Elizabeth Powell
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