For you helpers and followers and other interested pro se parties:
Defended against three motions by the ex's attorney's today:
1st: Motion to dismiss commissioner's recommendations on prohibiting relocate out of state; They claimed because the ex never actually asked the court officially to relocate that the commissioner did not have authority to recommend an injunction. I cited case law in 1992 (Petrullo) where the appeals court affirmed a decision denying a move from Florida to Colorado because of the inability to permit visitation per the final agreement. In Petrullo, the mother had argued she was not prohibited by any language in the final agreement from moving and no language specified she had to ask for permission. My case is similar. Judge is going to think about it and let us know at tomorrow's hearing (on exceptions to report)
2nd: Ex's attorney made an attempt to cancel two future
hearings before the same commissioner (think they don't like her?) and have judge hear visitation contempt (mine)
and marital debt issues (hers). They claimed the judge never
properly set the matters for hearing with Commissioner.
I produced both orders from the judge authorizing the hearing. I win.
3rd: Protective Order: they claimed I served interogatories and financial affidavits on my daughter (8 yrs old) improperly and that she is not a party to the matter. They asked for attorneys fees. I argued that she is a party, under Florida law, an indispensible party or formal party. Also the final agreement states that child support ends when the child becomes "self supportive" among
other criteria. Finally I argued that Florida permits minors to be served through the natural guardian and full disclosure is needed to proceed with my due process right and that the judge has discretion and latitude in these matters.
Judge asked the ex's attorney if my ex was the child's agent
he affirmed, judge said ex had to submit information on behalf of the child.
I win. Let you know tomorrow if I got the hat trick.
Defended against three motions by the ex's attorney's today:
1st: Motion to dismiss commissioner's recommendations on prohibiting relocate out of state; They claimed because the ex never actually asked the court officially to relocate that the commissioner did not have authority to recommend an injunction. I cited case law in 1992 (Petrullo) where the appeals court affirmed a decision denying a move from Florida to Colorado because of the inability to permit visitation per the final agreement. In Petrullo, the mother had argued she was not prohibited by any language in the final agreement from moving and no language specified she had to ask for permission. My case is similar. Judge is going to think about it and let us know at tomorrow's hearing (on exceptions to report)
2nd: Ex's attorney made an attempt to cancel two future
hearings before the same commissioner (think they don't like her?) and have judge hear visitation contempt (mine)
and marital debt issues (hers). They claimed the judge never
properly set the matters for hearing with Commissioner.
I produced both orders from the judge authorizing the hearing. I win.
3rd: Protective Order: they claimed I served interogatories and financial affidavits on my daughter (8 yrs old) improperly and that she is not a party to the matter. They asked for attorneys fees. I argued that she is a party, under Florida law, an indispensible party or formal party. Also the final agreement states that child support ends when the child becomes "self supportive" among
other criteria. Finally I argued that Florida permits minors to be served through the natural guardian and full disclosure is needed to proceed with my due process right and that the judge has discretion and latitude in these matters.
Judge asked the ex's attorney if my ex was the child's agent
he affirmed, judge said ex had to submit information on behalf of the child.
I win. Let you know tomorrow if I got the hat trick.
