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Author Topic: Continuance in Florida  (Read 2870 times)

gollymolly

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Continuance in Florida
« on: Jan 22, 2007, 02:25:27 PM »
modification trial was set for the end of this month. due to my high-risk pregnancy (with twins) and early contractions, my doctor suggested that i seek to continue the trial until after the births.

my doc suggested that the early contractions could be caused by the stress of the ongoing litigation.

we filed for a continuance of trial and mediation.

opposing counsel filed a motion to have our children temporarily placed in the other parent's care for the rest of my pregnancy.

taking care of our children is not at issue. i have already gone thru one pregnancy and successfully done so. it is the work and stress involved in preparing for and attending a 2-day trial.

1. how worried should i be about this motion?

2. how should i prepare to argue against this motion?

3. any ideas?


socrateaser

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RE: Continuance in Florida
« Reply #1 on: Jan 22, 2007, 02:50:13 PM »
>1. how worried should i be about this motion?

I think it's a pretty clever move on the other attorney's part. After all, if your pregnancy is high risk that you can't deal with the stress of litigation, why isn't it high risk enough to make you unable to deal with the stress of caring for your children?

You may have shot yourself in the foot (or, in the belly, to be less delicate).

>2. how should i prepare to argue against this motion?

How about agreeing to withdraw your motion in exchange for the other party withdrawing his motion?

>3. any ideas?

If you can arrange it with God, then give birth on the day before trial.

Seriously, your only argument is to claim that the stress of trial is unusual and the stress of parenting is routine. If you can get your physician to confirm this, then you have a shot -- otherwise, you're sunk.

gollymolly

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RE: Continuance in Florida
« Reply #2 on: Jan 22, 2007, 03:37:53 PM »
the opposite would be true.

this motion and actually removing the children from my home would be induced stress.

also... we already have a 50/50 shared arrangement. i get plenty of time to relax when they are with the other parent for two weeks. maybe that is important?

this was not the only basis for our continuance. we also requested it because of an ongoing appeal on a previous order that would have an effect on the case and trial.

as well as 'Case Not at Issue', because opposing has not followed proper filing proceedure, leaving a motion for amended supplemental petition unheard.

and then, they will not agree to withdrawing the motion. i guarantee it. as well as... the continuance for trial has already been granted, though the judge would like for me to make it to mediation this week.

and i think i could do that. i don't think anything will come of it. i am certain the other parent will not be willing to compromise.

i suppose i will speak with my doctors....but it seems there is nothing i can do about this.

it would negatively effect the children as well.

1. would this also hurt my case if the motion were granted? setting a precedence as in temporary custody?

2. any other thoughts?


socrateaser

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RE: Continuance in Florida
« Reply #3 on: Jan 22, 2007, 05:18:29 PM »
>1. would this also hurt my case if the motion were granted?
>setting a precedence as in temporary custody?

I don't know what you're currently fighting about, so I can't tell you whether it would hurt your case.

>2. any other thoughts?

Nope.

gollymolly

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RE: Continuance in Florida
« Reply #4 on: Jan 26, 2007, 01:30:23 PM »
i realize that due to the circumstances with my high-risk pregnancy and in the interest of having his motion granted (that i can't care for the children during my pregnancy and several months after), that he would be advised to intentionally harass, belittle, antagonize, name-call, etc... in the hopes of stressing me out.

and to make things more difficult on me.

is there any legal action that i can take to enjoin the other parent from doing this to me?


socrateaser

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RE: Continuance in Florida
« Reply #5 on: Jan 26, 2007, 05:28:17 PM »
>is there any legal action that i can take to enjoin the other
>parent from doing this to me?

If you can prove the emotional abuse, then file ex parte for a domestic abuse restraining order. That won't stop the trial, but it will keep the other parent out of your hair, at least until the mandatory hearing date (21-30 days, depending upon jurisdiction).

However, this too could shoot you in the foot, because if you're too stressed for a trial, then why aren't you too stressed for the restraining order hearing.

Your best move to get a continuance is to have your physician state that you and the child at are at extreme risk if the trial goes ahead as scheduled.

The contra is that opposing counsel can claim you're not fit to parent under the circumstances, and that is a reasonable position, drawn from your claim.

Catch-22.

gollymolly

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RE: Continuance in Florida
« Reply #6 on: Jan 28, 2007, 06:36:17 AM »
the continuance has already been granted. mostly because the judge had a federal case on his calendar for the same days and he really wanted to remove our trial from his calendar anyway.

however we did go to mediation, where we were in separate rooms. the other parent has begun to be more aggressive since mediation. i am sure that the mediator told them my concerns of the past verbal/emotional abuse, because it came up.

and then this starts. i really feel as if his attorney has instructed him to do this.

so, trial is stopped. i just want the other parent to leave me alone. however, what you are saying means to me that if i do file a restraining order... it could effect the outcome of the motion to remove the children from my care until after the birth of the twins. that hearing should be set within the next couple of weeks.

could it effect their motion in their favor?

socrateaser

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RE: Continuance in Florida
« Reply #7 on: Jan 28, 2007, 08:21:04 AM »
>could it effect their motion in their favor?

You need specific grounds for a restraining order. The bare minimum is reasonable fear of emotional abuse.

So, if you are not going to argue that your already poor health is being threatened by the other party, then that's not at issue, so it can't affect the judge's decision in the other hearing.

Howver, if the opposite is true, and the judge rules that your health was a factor in issuing the restraining order, then that's a fact that the judge must consider as already determined in the custody hearing.

Moreover, if the continuance was granted on grounds that your health was compromised, then the other party already has a ruling that it can use against you. I'm guessing, based on your facts, that the judge used the conflicting "federal" case (which by-the-way is impossible -- state courts don't hear federal cases -- so I don't really know what the judge's continuance was based on), as the basis for the ruling, and judges rarely explain their reasons for granting a continuance, so, I don't think the continuance will be useful to the other party.

But, the restraining order could be. Hard to tell.

 

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