Legal Question in Family Law in Florida

Threat to bring children back to Florida

I got permission 4 years ago from the FL. court to relocate with my 16 and 13 year old. My ex frequently threatens me if he doesn't speak to the children for more than two days that he will ask the judge to bring them back to Florida. He recently lied about me not honoring the visitation schedule and I was found in contempt. The judge threatened to bring them back if the order wasn't honored. He now is empowered and makes these threats. My kids are teenagers and frequently not home for me to monitor them. Can he actually have this done? Would a judge rip the kids out of the state they have been established in for over three years?


Asked on 9/22/08, 10:39 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Threat to bring children back to Florida

It does not work that way; sounds like extortion. You need a good attorney. You need to keep good records, with confirmations of discussions, logs etc;

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Answered on 9/22/08, 2:10 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Threat to bring children back to Florida

The most significant question to be answered is whether the Florida court has reserved all jurisdiction over the children's care, custody, and visitation. If it has not, the Massachusetts court can (and should) take jurisdiction via a Complaint for Modification of a Foreign Judgment. This process puts the decision where it is most logically heard: in the state in which the children reside.

If the matter is reserved to Florida, however, you need to consult with a Florida attorney about the situation. It would then not only be a matter of what Florida law allows, but also the particular judge. While I would hope that a particular judge would see through this sort of thing, given the children's ages, he or she might not.

Has it occurred to you that cell phones in the hands of the kids are a possibility? In addition, what about Internet contact?

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Answered on 9/22/08, 10:46 am


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