Exceptions & Contempt

[Julius]

A 12th Circuit Mag. recommended temp order of  timesharing on 1/5 of my brother's son.  He hadn't been allowed to see or speak to his son since 11/24. The wife brought the son to the exchange that afternoon and the w/end.  After that, she refused all visitation and temporary ordered telephone contact.  My brother is representing himself..no money.  On 1/28 her attorney filed exceptions which have not been heard.  Not being an attorney, he filed 3 contempt orders.  The sheriff's have tried to get his son, but she told them since the order was signed by a mag and not a judge, she doesn't have to do what it says.  The exceptions have no basis...she's trying to get his autistic 21 yr. old son to testify(who had to be Baker Acted and moved out over 2 yrs. ago) against him in court to prove "safety" issues.  If she was so worried about "safety" issues, wouldn't she have denied the first few visitations?  Can you come back later and claim "safety" issues after the fact.  Should he discontinue his cs payments because he wasn't signed by a judge?  She has a disease and has to be highly medicated 24/7.  This is a sham and her actions are really upsetting to the older siblings. She has destroyed the entire family.  He's asked for Guardian Ad Litems for all children, but there's been no action from the court.  What can he do to expedite what's needed for the children?  Any advice would be greatly appreciated.  This has been so traumatic on all the kids.  Thank you.

[Osmar]

Hi Julie, he could call the court of the court liaison and have the exceptions hearing scheduled as soon as possible. The Magistrate's recommended order is nothing more than that, recommended, and until such time as the recommended order is accepted and adopted by the court it has no power. If your brother is filing contempt motions based upon the Magistrate's recommended order he is wasting his time. If the child support is also based upon the recommended order it need not be complied with either, however, your brother would be wise to pay it as if it were effective as it will look better in the courts eyes and he will be required to make up any arrears in the end anyhow. You brother should get the exceptions hearing scheduled before the court argue that the recommended order should be adopted by the court and request that the court order make-up time sharing for the time lost between the date the recommended order should have gone into effect and the date it actually goes into effect. I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.

The Bachert Law Firm, P.A.

330 Clematis Street, Suite 222

West Palm Beach, Florida 33401

(561) 653-3951