Skip to main content

In court the magistrate said to meet at each other's house for time-sharing/custody but we have not received

Sanford, FL |

an order yet, do I have to meet her somewhere else to get our daughter for visitation? She refuses to meet me at her house. This is the 3rd weekend since court that she has told me I have to meet her somewhere else and today she said she is not going to be at her house and that I must pick her up at another location that is the same distance from my house. I am doing what the magistrate told me to do and going to her house. Is this wrong? If she doesn't show up what should I do? Parenting plan has yet to be received. The address she has on file with the court is different than her actual address. However, she gave me her residential address after court.

Attorney Answers 4

Posted

Once the magistrate tells you what to do, you should be doing it, but it's pretty hard to enforce it without an order. Where is the order? And why is it so important to you to go to her house - I'm assuming there is a reason, and that's why it is in the order, but if you have any flexibility, now would be the time to use it. You can probably get a CD with the magistrate's oral ruling on it from the court, and file a motion to compel based on that once you confirm the exact language used if this continues for any length of time. But with this kind of behavior going on, you would be wise to get an attorney.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

Mark as helpful

6 lawyers agree

2 comments

Asker

Posted

I was under the impression that her attorney was supposed to be sending the order. I am pro se. We did not agree to meet somewhere other than her house and the place she wanted me to meet her took twice as long to get to. I have been flexible the past 2 weeks but this week it became an argument so I told her I wanted to follow what the magistrate said, to a T, and she refused. What is a CD?

Heather Morcroft

Heather Morcroft

Posted

A CD is a recording of the hearing. Often the magistrates do them. You would have to check with the courthouse in Sanford. They cost between $15-$25, but that is a lot less than a transcript. However, you would really be best served getting an attorney in the area. Both Mr. Rosenfelt and myself work in Seminole county, as do a number of other qualified attorneys.

Posted

I agree with Ms. Morcroft; particularly the part about hiring an attorney. As attorneys, we generally follow what we sometimes refer to as the "spirit of the order" which is what the order will say before it's actually issued. The fact that she's being difficult about doing that ultimately reflects poorly on her and could affect her in some other part of the case (to the extent that there are other outstanding issues). I think that it would take more time and trouble to file a motion to compel than simply to deal with her requests until the order is issued. You might try calling the judicial assistant to check on the status of the order. But at the end of the day, it sounds like you need an attorney for this and likely other matters. Good luck.

Bill Rosenfelt 407-462-8787 (Orlando)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

Mark as helpful

1 found this helpful

5 lawyers agree

4 comments

Asker

Posted

I was under the impression that her lawyer was supposed to be issuing the order. Is this not correct? The JA usually has the order to me by now. She did not show up today and now I am missing time with my daughter.

William Charles Rosenfelt

William Charles Rosenfelt

Posted

You might be right....I assumed that you were waiting on the judge to prepare an order. But if her lawyer was supposed to prepare the proposed order then you might contact the attorney and ask about the delay, etc.

Asker

Posted

Okay, thank you for your help.

William Charles Rosenfelt

William Charles Rosenfelt

Posted

My pleasure.....

Posted

All you can realistically do at this point is keep a Journal of her violations and be flexible with the drop-offs and pick-ups.

When you do get the Final Order that is signed, send her a letter, Certified, stating that you will follow the Order precisely.

If she then refuses to cooperate, send her a 'Good Faith" letter to reinforce your intention to follow the Order, and mark it in your Journal.

At that point, if she continues her behavior, you can file a Motion for Contempt and have the Judge address her behavior.

Pick your battles wisely, as you may have years of this ahead of you.

Best of luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

I tend to agree with Ms. Constantine's approach to the matter. Follow these specific steps and if it ends up back in court the mother will have to explain her non-compliance to the judge.

You are not wrong, but like she stated, you have to pick your battles.

If future issues arise, then I would recommend hiring an attorney to assist you. Best of luck.

Ophelia Bernal-Mora
Orlando Family Law Attorney
407-354-5223
[Free Consultations to Avvo Users]

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Mark as helpful

1 found this helpful

4 lawyers agree

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics