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i tried picking up my kids from their mother to exercise my

physical share 50% custody awarded...
i tried picking up my kids from their mother to exercise my physical share 50% custody awarded by a judge last year. Last year i was able to exercise this order for about 2 months, until my ex started calling the cops, DCF, and making false allegations that after investigations were dismissed. She got my daughters to lie, and have brain washed them to not see me. After all the issues, been that i was a police officer for 7 years, and i moved back to Miami, to be able to exercise my parenting plan, i was in the process of obtaining employment and all this reports were damaging my career and must important traumatizing my daughters. I talked to the judge in my case, and i told him i was waiting for things to cool off because i was afraid that eventually her allegations would stick and i would loose eveything, and to give her time to heal. I recently went back to court and i was told i should not stopped picking up my kids because of her making false allegations, i have a court order and that i should exercise it. I contacted her Thursday about picking up my kids , she refused to give them to me. She went and asked for a temporary injuction and was denied for lack of evidence, an order for hearing on a petition for injuction for protection against domestic/repeat/dating violence/or sexual violence was sent to me. She is been doing this for a while, calling the cops on me, callling dcf and providing them with false allegations that have been dismissed after investigations done. I was a police office for 7 years, and now i am having a difficult time obtaining a job due to all the false allegations. What can i do to stop this lady from ruining my life, is there any legal action i can take against her for missuse of law enforce time, and judicial time? i dont believe she is going to stop until she experiences any reprocution, i been trying to not cause any harm but enough is enough, pls help!!
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12/1/2012
Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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Floridalegalanswer :

Hi there!

Floridalegalanswer :

It appears from what you have written that you may need to file a Motion for Contempt/Enforcement.

Floridalegalanswer :

Essentially, this is a Motion that you can file with the Court. In the Motion, you may state all of the incidents where the Mother has not complied with the timesharing provisions.

Customer:

ok, and that would be in order to exercise my parenting plan, how about actions against her

Floridalegalanswer :

For example, on Saturday, Dec. 1 Mother refused to honor the Father's timesharing pursuant to the Parenting Plan.

Floridalegalanswer :

Just to add to that, in the Motion you can request that you be given make-up time for the time missed and extra time as a sanction against Mother.

Floridalegalanswer :

Another option is to file for a Supplemental Petition for Modification of the Parenting Plan.

Floridalegalanswer :

What this does, is it seeks relief from the Court to permanently change the Parenting Plan.

Floridalegalanswer :

So, based on Mother's wrongful actions, Father should be awarded majority timesharing (custody)

Floridalegalanswer :

You don't have to file only one. In other words, you can file both a Motion for Contempt and a Supplemental Petition for Modification.

Customer:

Im ok with the parenting plan, as it was created by me and my lawyer when i was ble to afford one, my issue is that because she knew she might hav eto pay me child support or i might not had to pay anything, she started doing all of this for me not to exercise it, which i did until the judge told me not let her get away with it

Customer:

ok... what are the chances that the judge would awarde me the motion to midifyl the plan and give me majority timesharing?

Floridalegalanswer :

It really depends on all of the facts of your particular case. If you can prove that her allegations were indeed false and/or done in bad faith and that she was intentionally interfering with your time with your children (and more importantly, your children's time with their Father), then I think your chances are good.

Customer:

I also think she is mentally unstable, and i think all this false allegations, and even a comment she made to the judge when the judge asked her if i was capable of abusing sexually or letting some one abuse my kids, she said maybe she didnt know

Floridalegalanswer :

Additionally, in the Supplemental Petition for Modification, if you are awarded majority, you can request (and typically are entitled) to child suppot.

Customer:

honestly i dont care to collect child support from her, eventhought i know she is trying to take every penny away from me, i just want her to suffer some kind of consequences for false accusations

Customer:

is there any addictional action i can take against her so that she can stop doing this ?

Floridalegalanswer :

If you believe she is mentally unstable, you can file a Motion for pyschological evaluation. Generally, you would have to show some evidence for this (not just stating that you believe she may be). In other words, there generally would have to be some concrete allegations by you.

Customer:

can i use the constant false allegations, and the allination she has cause with my daughters, to the point that they dont want to be with me?

Floridalegalanswer :

Sometimes, just filing the Contempt and/or Supplemental Petition for Modification may get her to stop doing these wrongful actions. Yes, you can use the false allegations and alienation in your Court Filings. Also, the more and more she continues to do these things, the Court may just see that she is "known" to do these things and will give little weight to her future allegations.

Customer:

we have told her, and even filed contemp before, the judge even warned after, she even brought the kids to court after been warned several times

Floridalegalanswer :

It's sort of like "crying wolf"... when DCF has investigated 5 times and each time there are no substantiated findings, they may start to take it as a grain of salt.

Floridalegalanswer :

That's the point you need to raise in your Court filings.... That she continues to do these things and it is affecting your relationship with your kids, job opportunities, etc.

Floridalegalanswer :

The Judge may have warned her once, but the second time may be a harsher result (eg. award you primary custody)

Customer:

besides contempt and supplemental petition for modification, is there any othe rlegal actions i can take against her that could result into a bigger sanction against her ??

Floridalegalanswer :

Of course, you can state that in your filings, that she has already been warned...that way the Judge is reminded of the previous warning.

Customer:

i dont want to put her in jail, but i really dont know what else to do for her to stopp, the judge has warned her and she does not seem to understand

Floridalegalanswer :

That's the point I am trying to explain to you. The more you go back to Court to address her wrongful actions, the harsher the sanctions can get. The Court will not take action on your behalf, you (or your attorney) have to bring it to the Court. The Judge has a lot of discretion in assessing sanctions up to and including Jail. Other sanctions may be, make up time with the kids, awarding you primary custody of the kids, financial sanctions, etc.

Customer:

In regards XXXXX XXXXX brother who is the police officer who got involved when i tried doing my report, she told the officer on the scene, that she had a restraining order against me, the officers came back with it, and when i read it there was no restraining order, and it even had the temporary petition denied ? what action can i take against the officer missrepresentation of a legal document, and also when i was a cop, that was consider to be a conflict of interest. At this point can i request for the police to enforce my custody order or at least let me see my kids ?

Floridalegalanswer :

The police generally will not enforce the parenting plan. The Court is the place to address your custody issues. You can ask the Judge to put in the Order to specifically direct law enforcement to enforce the Order. However, these are generally rarely awarded from my experience. As you can imagine, if the police were to enforce all of the disputes between parents, they would be extremely overwhelmed.

Customer:

they wouldnt even let me see them, or talk to my kids, are they in violation of my order, i mean the officers? So at this point with the order to appear for hearing on a petition for injuction which the temporary was denied, i can still go see my kids, with no issues correct ?

Floridalegalanswer :

Yes, so long as there is no injunction in place, you are free to see/speak to your kids.

Customer:

i hate to ask you soo many questions, an di really appreciate your help, now in regards XXXXX XXXXX brother and the conflict of interest and the bias the officers exhibit when i asked to even have them go over and check the wellfare of my kids, they said they were taking their officer's word for it instead of sending a unit to check on them

Customer:

how can i proceed ? also they missrepresented a legal document saying i was been served with a restraining order and warn me not to get close to my kids, also the violation of my paremnting plan by them ?

Floridalegalanswer :

I don't know of much you can do about this. Maybe file a complaint with the police department agency.

Floridalegalanswer :

I suppose if they violated your civil rights, you could file a civil lawsuit against the officer and the agency.

Customer:

i am planning on going to the police station and filing the complain as well as asking for a patrol unit to come with me so i can speak to my kids, is that something i can usually do ?

Floridalegalanswer :

You can certainly file the complaint. As to whether a patrol unit will be able to accompany you, I do not know the answer. I would imagine the decision would be based on the availability of the patrol unit. If you tell them that things could get "heated" they may send an officer with you. But again, it is something that I cannot really answer. The only way to really find out is by asking the officer.

Customer:

can she deny me from seeing the kids and the officers cant do nothing about it correct? question do you practice in florida if i wanted to hire you ?

Customer:

ok thank you soo much for your answers, i think this was very helpful and i will do as you suggested,

Floridalegalanswer :

She could potentially deny you from seeing the kids. The way to address it is with the Court by filing the Contempt and/or Modification. The officers will enforce the custody through a Court Order. For example, the Judge can Order a "Child pick-upOrder" that directs law enforcement to place the kids with the Father.

Floridalegalanswer :

Typically though, a child "pick-up" Order is done when (for example) the Mother flees to California with the kids and refuses to return the kids.

Floridalegalanswer :

The Judge can also put in the Order, that law enforcement is directed to enforce the Parenting Plan. However, that is typically only awarded very rarely, and only in the most egregious cases.

Customer:

she also has a out of the country trip plan in 2 weeks

Customer:

my parentiomg plan clearly states she cannot leave the country, she doesnt know i know this info

Floridalegalanswer :

You can seek an injunction preventing removal of the kids from the Court's jurisdiction.

Customer:

i have done that last year, would that still stan d?

Floridalegalanswer :

The Court may enter a Child Pick Up Order in that case.

Floridalegalanswer :

It depends on the language of the Order. An Order typically stays in effect unless there is a subsequent Order that changes the terms or if the Order expires by the terms contained in the Order.

Customer:

so basically i have to file a Contempt and/or Modification, if she leaves the country regarless what can i do then ?

Floridalegalanswer :

That would also be a Contempt issue. You can also use it as a reason for the Judge to award the Modification. You can seek the injunction preventing removal of the kids (or enforce the old Order if it is still in effect). If she leaves and does not come back, you can seek the Child Pick-Up Order.

Customer:

she is suppose to be leaving the 17 of december in 2 weeks, for 12 days, which will also violate my parenting plan, but the hearing for the injuction is set for December 20, i am gueessing she might not even go to the hearing, can she do that ?

Floridalegalanswer :

She can miss the hearing but that would make it a very good chance that you will get what you ask for.

Floridalegalanswer :

In other words, you should win the hearing if she does not show up.

Customer:

well the paper says the case would get dismiss n nothing will happen, i think is a tactic to win time to go out of town and she might banking that i wont havr access to the kids

Customer:

so can i ask for an emergency hearing for contemp on not letting me se the kids or have them?

Floridalegalanswer :

Yes, they can dismiss the case if she does not show up. Emergency hearings are generally for hearings where the kids health, safety or welfare are at issue. As an alternative, you may consider requesting an "Expedited Hearing" as opposed to an emergency hearing.

Floridalegalanswer :

Of course, if the kids health, safety or welfare is at issue, then an emergency hearing is appropriate.

Customer:

if we file a contemp of court and she doesnt show up to the hearing what can happend?

Customer:

i mean she might be out of the country by then

Floridalegalanswer :

The Judge can grant the relief you are seeking.

Customer:

can she face jail time or kidgnapping charges ?

Customer:

besides granting me majority custody ?

Floridalegalanswer :

The Judge has broad discretion and authority to do what is just. The Judge can sanction her if she is found in Contempt of Court. The Judge typically would not be the one to press kidnapping charges, that is usually done by the State Attorney.

Customer:

thank you soo much for all your help, i have rated your services as excellemt today, thank you again

Floridalegalanswer :

Thanks so much! Good Luck to you!

Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
Verified
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Category: Family Law
Satisfied Customers: 427
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