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PRO SE LITIGANT IN NEED OF HELP

Started by Doodlebug, Feb 17, 2004, 07:14:20 PM

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Doodlebug

Dear Soc:  

I have a court date on March 3 and have a few questions pertaining to my court order.  

Brief history:  Filed motion for contempt on ex as he stopped my visits with my children.  Visits have been on an every other weekend schedule with alternating school and holiday vacations and when he needed a babysitter for his own vacations.

Visits were stopped September 2002 with no reason being stated as to why.  Have been going it alone as i cannot afford an attorney and legal aid, low fee, fla bar etc. do not handle cases such as these.  

Divorce decree does not have specific visitation ordered.  Just liberal visitation as the parties may agree.  the schedule we had has worked well in the past until new gf.  Since then visits were stopped with no reason being given.  

Motion for contempt was filed and court date was Jan 2 2004.  Included in my motion, I requested make up visits for the time that was missed, contact with either ex or gf at least 2 times per week regarding the health welfare and well being of the children, telephone communication with the children (as that was stopped and my calls were blocked from coming into the home) and notification of school events, extra curricular activites, etc.  

Cross motion was filed for supervised visitation and to appoint guardian ad litem for the children.  The court order is as follows:

1.  Petitioner's motion for contempt will be treated instead as motion for enforcement which shall be granted only to the extent that supervised visitation and telephone contact shall be ordered.  

2. Respondent's motion for supervised visitation is granted and is subject to such further order as this court may issue with respect to the specific program under which such supervised visitation shall occur.  Court to explore programs to accommodate work schedules of both parties.

3.  the court will reserve on the issue of make up visitation.

4.  Court will reserve on the issue of the respopndent's motion for guardian ad litem in the light of the lack of available guardians at the present time.

5.  telephone contact shall be allowed provided that the respondent shall be privy to all conversations between mother and minor children through the use of a speaker phone or by the use of an extension phone.

Questions:
1.  motion for contempt treated instead in favor of respondent's enforcement.  Does that mean that ex is not in contempt in light of the fact that he stopped all contact with my children for no reason?  Judge asked for the reason and this was skated over by ex's attorney despite the fact that i had proof that visits have been consistent and i have done nothing to warrant the stop.  

2.  motion for enforcement shall be granted only to the extent that supervised visits and telephone contact shall be ordered.  Does this mean thats all the judge will give me despite the other things i have requested in my original motion?  

3.  Telephone contact with my children has been subject to speakerphone due to the advice of a therapist my son was seeing but no longer is.  Children are prompted what to say and what not to say and others jump into the conversation so it ends up being a free for all and the children get upset.  

 Speakerphone came about due to the fact that my son was very emotional every time we spoke on the phone because he missed me and was upset that old gf who was his main caretaker for 5 years left ex.  ex told therapist i was upsetting the kids, so therapist said use a speakerphone.  

Motion to modify and clarify original court order with court date March 3,   Can I request at this time to modify telephone contact to have private conversation with my children? And phone messages left for the kids are never returned, would like to request that they call me back or at least one specified day per week.  

4. If I can request what i would like to have modified and clarified, would i file in the same manner as i did the contempt fileing?  

5.  The court will reserve on the issue of make up visitation.  What exactly does that mean and how do i get the court to reconsider all that i am requesting?

I apologize for the length.  I am still searching for an attorney.  I know i definitely need one, but right now there is just no possible way to afford one.  I am trying my best.  

Thank you for your time and patience.  
Sincerely,
Lisa D


socrateaser

I cannot help you unless you follow the forum guidlines. Please rewrite your post and limit your questions to QUESTIONS. I don't have time to sift through facts added in the question portion of your post.

Sorry to be a pain, but time is money.