The attorney representing my daughter's father falsely filed contempt charges against me several times. An example of this would be when she claimed I withheld my daughter for a weekly visitation on the Wednesday before Thanksgiving by not being home when he came to get her. The plan his attorney wrote and had approved by the court a month before the holiday stated that the academic break definition states that the period shall begin at the end of the last day of classes before the holiday. Tuesday was the last day of school and the plan stated holiday visit supersedes normal visitation.There are several other claims that contradict the plan she drafted and claim I am in contempt.We go to General Magistrate tomorrow. Is that a more relaxed setting where she can't object to everything i say
Yes, it's a different setting from the courtroom. Yes, opposing counsel can object. The attorney files a motion for contempt based upon what their client discloses. If you believe you are not in contempt then explain that to the general magistrate. You will be afforded the opportunity to tell your side of the story. Bring copies of the parenting plan.
There are no penalties attached to a denied motion for contempt unless you can prove that the opposing party's motion was completely without merit. Without reading the motion for contempt, and knowing all of the facts in your case, I can't really make that determination, though.
I can tell you, however, that a hearing in front of a magistrate resembles a judicial hearing in every way. The rules of evidence remain the same, and your hearing tomorrow will display the same level of formality. The only distinguishing factor is that either party can file "exceptions" to the magistrate's report and recommendation within 15 days. A circuit court judge will then conduct a hearing on these exceptions. If no exceptions are filed, than the judge will simply adopt the report and recommendation, at which point it becomes a binding order.
In order for the Father to prevail, he has to meet the burden of proving that you willfully violated the Parenting Plan and timesharing arrangement. You would argue that you did not knowingly or willfully violate any term of the Parenting Plan, and would offer the Parenting Plan (which should be in the Court file anyway but bring it with you anyway). I agree with Attorney Mejias that you may seek remedies if a motion is totally with any factual or legal merit but that not enough information has been provided to support such an allegation. However, if this is the case, you may ask the other attorney to withdraw the motion within 21 days or you will file a motion seeking attorney fees (if you have an attorney). The statute section is 57.105. Further, if the parenting plan contains a vague and ambiguous term(s), then you may move for clarification. If you can show the term(s) is vague, you may then offer what is called parole evidence (such as a communication between you and the Father or his counsel at the time of execution of the Parenting Plan as to the intent of the parents) to prove up your Motion to Clarify.
