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Continued violations of divorce decree Florida

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  • Continued violations of divorce decree Florida

    My fiance's ex wife continually refuses to provide medical appointment information, copies of school documents, copies of progress reports, etc. for the 16 and 10 year old daughters. She's temporary custodial parent of the 16 year old, he's primary custodial parent of the 10 year old. Their divorce is final, though custody and financial issues are pending. There's a Guardian Ad Litem currently performing an investigation; presently, it would appear my fiance will be awarded sole custody, with the ex receiving minimal supervised visitation due to neglect and emotional abuse to both children.

    Is violating Florida Statute 61.3 something my fiance could file contempt charges against the ex wife for??? If so, would it even be advisable to file contempt charges with the Guardian doing his investigation?? If so, would my fiance be able to file the contempt charges himself, or would his attorney need to? So far, the ex has never had any such charges filed against her - the attorney felt it would be like pouring gasoline onto an open fire, and only make things far worse. There's no estimate on how much longer this will continue - it's already been going on for almost FIVE years. Please offer some advice.

  • #2
    Originally posted by fla_nanny View Post
    My fiance's ex wife continually refuses to provide medical appointment information, copies of school documents, copies of progress reports, etc. for the 16 and 10 year old daughters. She's temporary custodial parent of the 16 year old, he's primary custodial parent of the 10 year old. Their divorce is final, though custody and financial issues are pending. There's a Guardian Ad Litem currently performing an investigation; presently, it would appear my fiance will be awarded sole custody, with the ex receiving minimal supervised visitation due to neglect and emotional abuse to both children.

    Is violating Florida Statute 61.3 something my fiance could file contempt charges against the ex wife for??? If so, would it even be advisable to file contempt charges with the Guardian doing his investigation?? If so, would my fiance be able to file the contempt charges himself, or would his attorney need to? So far, the ex has never had any such charges filed against her - the attorney felt it would be like pouring gasoline onto an open fire, and only make things far worse. There's no estimate on how much longer this will continue - it's already been going on for almost FIVE years. Please offer some advice.
    Does the existing court order specify those things? If so and ex isn't producing them then she is in contempt of the court order. Since a GAL is involved it might be better to wait to file. He should be sure to mention it to the GAL and bring it up in court at the next hearing. I tend to agree with his attorney, filing right now might confuse other issues and delay getting a final order.

    For now he should send ex a letter requesting those items, reminding her that it's required by the court order and state that if she refuses she will be in contempt. He should send it certified mail so that he has proof of mailing.

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    • #3
      Thank you, Xena. Yes, everything is specifically stated in their decree. It's been going on for so long, and it's so blatantly intentional, it's very aggrevating to say the least. The ex has totally eliminated him from very important events and issues with the children, he'd sorely love to have her held accountable.

      They have a court order that all communication is to be via email. Would a certified letter be recommended in addition to the email communications? She replies to the emails, though tends to go off on rants instead of answering the questions or addressing the specific issues. More often than not, she will not accept anything certified or registered, too.

      I thought it'd be the wise course of action to NOT push for contempt charges, since the GAL investigation is still on-going, but really had to get a second opinion. I really appreciate the advice.

      Thank you!

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      • #4
        Originally posted by fla_nanny View Post
        Thank you, Xena. Yes, everything is specifically stated in their decree. It's been going on for so long, and it's so blatantly intentional, it's very aggrevating to say the least. The ex has totally eliminated him from very important events and issues with the children, he'd sorely love to have her held accountable.

        They have a court order that all communication is to be via email. Would a certified letter be recommended in addition to the email communications? She replies to the emails, though tends to go off on rants instead of answering the questions or addressing the specific issues. More often than not, she will not accept anything certified or registered, too.

        I thought it'd be the wise course of action to NOT push for contempt charges, since the GAL investigation is still on-going, but really had to get a second opinion. I really appreciate the advice.

        Thank you!
        Since the4 court order specifies that all communication is to be only via E-mail it's best to do that. Send an e-mail instead of a certified letter, there will still be a record of sending it.

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