The parenting plan is in Seminole County. The Non Custodial Parent filed contempt on me after finding out I was perparing to file contempt on him. The NCP contempt has no barings and is false. I would like to file a counter contempt to be heard when we go to court for the contempt the NCP filed on me. Is this possiable?
THIS is yet another classic example of why family law litigants REALLY should never be in court without lawyers. This type of "did too! - did not! - did too! - did not !" battle makes judges eyes roll and simply makes the respective litigants get treated like children. BEFORE you file anything, you REALLY should consider finding a way to retain legal counsel to address this issue before it gets exponentially worse. There is NOTHING more damaging that losing credibility with the court over what are often viewed as nit picky issues,amounting to parents using children to "get at each other" (and you don't need to respond with how that's not you and its all his doing) with contempt this and contempt that. There will come a day when you REALLY have a serious issue and it will go south for you unnecessarily when the judge rolls his eyes on the 65th motion for contempt between the two of you when the previous 64 have been about things like the NCP brought little Bobby back an hour late or shows up to early or says bad things about you or you about him. The answer to the question posed is YES, it may be possible be be careful what you ask for.
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There is no such thing as a "counter contempt" motion. You can file a separate motion for contempt as long as there is a factual and legal basis for filing it. Such motions are serious matters and filing such a motion just because your Ex filed one is a not a valid reason to do it. Also, there is no guarantee that if you file the motion, it will be heard at the same time as the pending motion.
Bear in mind that you will have the opportunity to present evidence that the pending motion for contempt should be denied because it has no factual basis. Judges do not look kindly on litigants who file frivolous motions, so if there is no basis for the pending motion, that should be your focus at the hearing: your Ex filed a frivolous motion and is wasting everyone's time.
You should speak with an attorney as motions for contempt are very serious matters.
You too can file a motion for contempt and the matters can be heard by the same judge at the same hearing.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Most definelty , you can and should file motion for contempt if you believe, in good faith, that other side has violated terms of parenting plan. Make sure to tell the judge that you filed your motion in retaliation as he/she will read the riot act to both of you.
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