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.
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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)
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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
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.
Orlando Family Law Attorney
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