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Is she in contempt of court? Refusing to comply with psychological evaluation.

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LdiJ

Senior Member
Quick question:

Mother just filed her updated financial affidavit. Now, she is living with her parents that are millionaires. In fact, they sold their house for over $2m, and moved to another location during this case. This is in evidence. My child lives with Mother and her parents. On the financial affidavit, she claims she pays her parents $650/m, however, in small print, she states she does not pay her parents at this time, however, it is a "loan to her" that she will one day pay them back (!!!).

1.
Do I have the right to request for my x's parents financial affidavits, with all of whom my child resides? My x has lived with her parents for over 4 years (she lived with me for about 6 weeks 2013-2014).
Absolutely not. They are not parties to your case and you have no right to know any of their financial information.

2.
BTW, Only a "Notice of compliance with Financial Affidavit" has been filed. A "Notice of Mandatory Disclosure" has not been filed. Does this matter? (I filed a motion requesting for mandatory disclosure in January, 2018).

Thx,
XO
I don't really know the context of the last question so I cannot help you with that.
 


CTU

Meddlesome Priestess
Absolutely not. They are not parties to your case and you have no right to know any of their financial information.



I don't really know the context of the last question so I cannot help you with that.
Well, he asked if he had to right to request that info ... there's nothing stopping him from asking for it ... ;):D
 

LdiJ

Senior Member
Well, he asked if he had to right to request that info ... there's nothing stopping him from asking for it ... ;):D
Sure, if he wants the opposing party to seriously know that he doesn't know what he is doing.:cool::D
 

ProSeMiami

Junior Member
Opposing counsel NOT responding to my Motion, nor to my emails.

Hearing on my Motion for Sanctions for interference of Custody and Domestic Violence (Spousal and Child Abuse) coming up in two weeks. Opposing counsel has not responded to the Motion in over 10 weeks since late December. To prevent an ambush, and to make sure we are all standing on fair grounds, I emailed opposing counsel a "Request for Discovery" for them to disclose their arguments, witnesses, or evidence. Perhaps I should be requesting discovery directly from the court? In the past, opposing counsel has been deeply inappropriate toward me via abusive emails as well as in the direct presence of the court.

But the question here is, how do I prevent or protect myself from an ambush? (Miami-Dade, FL.)

Thanks so much,

XO
 

LdiJ

Senior Member
Hearing on my Motion for Sanctions for interference of Custody and Domestic Violence (Spousal and Child Abuse) coming up in two weeks. Opposing counsel has not responded to the Motion in over 10 weeks since late December. To prevent an ambush, and to make sure we are all standing on fair grounds, I emailed opposing counsel a "Request for Discovery" for them to disclose their arguments, witnesses, or evidence. Perhaps I should be requesting discovery directly from the court? In the past, opposing counsel has been deeply inappropriate toward me via abusive emails as well as in the direct presence of the court.

But the question here is, how do I prevent or protect myself from an ambush? (Miami-Dade, FL.)

Thanks so much,

XO
Well, for one thing, you need the heck to stop using email, as email never constitutes valid "service". If you had an attorney they would know that and would send proper requests, via certified mail.
 

Zigner

Senior Member, Non-Attorney
Well, for one thing, you need the heck to stop using email, as email never constitutes valid "service". If you had an attorney they would know that and would send proper requests, via certified mail.
Oh please, just stop guessing already...

http://www.floridacivpro.com/florida-rules-of-judicial-administration/fla-r-jud-admin-2-516-service-of-pleadings-and-documents/


Service by email is ok, and even required in many instances in Florida.
 

ProSeMiami

Junior Member
What is the statute of limitations to reopen an Injunction, denied w/o prejudice?

In July 2015, my x was denied an injunction, dismissed w/o prejudice ruling "insufficient evidence, no DV, no danger". Can it be reopened?

At present, I'm in a paternity action suit I filed against my x March 2017.

Over 3 years passed since my x alleged domestic violence./battery against me in Dec. 2014. The DV case was dismissed, non-guilty, however, following my doing a diversion program for 6 months, hence, the case was dismissed, then expunged. During that time, she sought an injunction against me June, 2015. It was denied w/o prejudice. She Appealed the denial, and lost again in March 2016.

I have a hearing coming up on my motion against her where I am seeking sanctions, informing the court that I AM the victim of domestic violence, and that she was/is the perpetrator for the sole purpose of securing her custody over our son. Emails, texts and voicemails evidence my x's blackmail, coercion, fabrication of false documents, and false report filing with the police

(Court-ordered visitation on Dec. 2017. However, prior this order during the aforementioned time, my x alienated my son from me for over 2.5 years, and in defiance of a visitation order ruled by an arbitration panel with whom we signed an arbitration agreement June 2015).
 

ProSeMiami

Junior Member
Oh please, just stop guessing already...

http://www.floridacivpro.com/florida-rules-of-judicial-administration/fla-r-jud-admin-2-516-service-of-pleadings-and-documents/


Service by email is ok, and even required in many instances in Florida.
Thank you so much for your response :)
It is truly helpful !!!

XO
 

CTU

Meddlesome Priestess
In July 2015, my x was denied an injunction, dismissed w/o prejudice ruling "insufficient evidence, no DV, no danger". Can it be reopened?

At present, I'm in a paternity action suit I filed against my x March 2017.

Over 3 years passed since my x alleged domestic violence./battery against me in Dec. 2014. The DV case was dismissed, non-guilty, however, following my doing a diversion program for 6 months, hence, the case was dismissed, then expunged. During that time, she sought an injunction against me June, 2015. It was denied w/o prejudice. She Appealed the denial, and lost again in March 2016.

I have a hearing coming up on my motion against her where I am seeking sanctions, informing the court that I AM the victim of domestic violence, and that she was/is the perpetrator for the sole purpose of securing her custody over our son. Emails, texts and voicemails evidence my x's blackmail, coercion, fabrication of false documents, and false report filing with the police

(Court-ordered visitation on Dec. 2017. However, prior this order during the aforementioned time, my x alienated my son from me for over 2.5 years, and in defiance of a visitation order ruled by an arbitration panel with whom we signed an arbitration agreement June 2015).

Dude you cannot afford to NOT have an attorney. You are going to get absolutely destroyed in court unless you figure out how to represent yourself adequately which, I'm afraid, you have not shown to be the case.
 

ProSeMiami

Junior Member
Dude you cannot afford to NOT have an attorney. You are going to get absolutely destroyed in court unless you figure out how to represent yourself adequately which, I'm afraid, you have not shown to be the case.
Thank you for the thoughtful advice :) That is precisely why I am here. My x has spent over $20,000 on an attorney, and she has not been victorious. The court has consistently awarded me my requests since the alienation in the case is blatantly obvious. Any guidance, and advice for a Pro Se would be obviously hugely appreciated. Any websites, text books and such would also be so welcomed.

So many good people get crushed by the system. Our society struggles very much to redeem itself under such bias and heartlessness. Millions of children are alienated and estranged from loving parents, and end up being brought up by monsters. Scientific research serves us with ample evidence that fatherless boys and girls end up living lives of crimes driven by a host of psychopathological disorders.

Attorneys need to step up and influence our system for the good and for the better of society, but most of all, to consider what is in the best interest of children, even much rather and beyond that which is in the best interest of their clients.

XO
 
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CTU

Meddlesome Priestess
Thank you for the thoughtful advice :) That is precisely why I am here. My x has spent over $20,000 on an attorney, and she has not been victorious. The court has consistently awarded me my requests since the alienation in the case is blatantly obvious. Any guidance, and advice for a Pro Se would be obviously hugely appreciated. Any websites, text books and such would also be so welcomed.
Researching which websites, text books etc., is something that YOU are expected to do.

So many good people get crushed by the system. Our society struggles very much to redeem itself under such bias and heartlessness. Millions of children are alienated and estranged from loving parents, and end up being brought up by monsters. Scientific research serves us with ample evidence that fatherless boys and girls end up living lives of crimes driven by a host of psychopathological disorders.
Cites please.

Attorneys need to step up and influence our system for the good and for the better of society, but most of all, to consider what is in the best interest of children, even much rather and beyond that which is in the best interest of their clients.

XO
You are quite the amusing drama llama, aren't you?
 

Ohiogal

Queen Bee
Well, for one thing, you need the heck to stop using email, as email never constitutes valid "service". If you had an attorney they would know that and would send proper requests, via certified mail.
Wrong again. But nice try. I agree with Zigner. I serve a lot of things by email. Believe it or not the rules in a lot of places have caught up to this new fangled technology known as electronic mail.
 

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