Third Party Objection to Motion for Parental Conferences

[mudbunnies]

Hey Soc..

Case is in Brevard County Florida

Mother has filed a Motion for Parental Conferences stating that she and Father are unable to communicate via telephone due to "other persons" intereference and that Father's frivilous motions & letters are running up her legal bills and that Father & stepmom (me) are stalking her and that she has had to take refuge at police station for safety.

Her requested relief;  Order father and mother to meet two times per month at the court house to "talk" and order father to mail all motions to opposing counsel instead of hand delivery and to bar stepmother from being present in courthouse when mother is there.

NOTES:  Mother put in writing over 18 months ago that all communication and correspondence was required to go through her lawyer and it was of her own choosing. Father has regularly asked her to communicate directly and mother has threatened to have Father arrested for harassment if Father calls her house for any reason other than to talk directly to the child.  Telephone call to police department  confirms that there are ZERO reports filed against Father & stepmother for any alleged stalking.

I am not a party to the case, and I am highly offended at being labeled a stalker and having my rights to enter a courthouse challenged.

I want to object to the entry of any order in this "family" case barring me from being in the courthouse just cause the mom is there. (she is asking for this to try to alienate my husband and i and to just be a pain in my opinion)  I don't feel that this court has jurisdiction over me to order me to stay out of the courthouse if i am not a party and my rights to enter a public building, especially a courthouse with public records must be protected somewhere!

Questions;

1. Can I file a "third party objection" stating my objections to the motion and potential order and be present in the courtroom to present/defend my motion?

2.  If i file a third party objection claiming lack of jurisdiction, will my filing "give" the court jurisdiction over me?

3.  Is there any other recourse that i'm not thinking of?

THANKS

[socrateaser]

>Questions;
>
>1. Can I file a "third party objection" stating my objections
>to the motion and potential order and be present in the
>courtroom to present/defend my motion?

Were you served with notice that a motion is before the court for a restraining order against you? If not, then the court isn't gonna order it. However, if you file an objection, the you will be submitting to the court's jurisdiction over you, and then the court CAN order it. So don't get your underware in a bunch, just because you're annoyed.
>
>2.  If i file a third party objection claiming lack of
>jurisdiction, will my filing "give" the court jurisdiction
>over me?

See above.

>
>3.  Is there any other recourse that i'm not thinking of?

Yes, just be supportive of your husband and STAY OUT of the rest of this mess.

[mudbunnies]

Thanks for the input...

my work relys on my use of the courthouse so i'm overly nervous on the subject...

1.  If the court enters an order regarding the parental conferences and includes a paragraph regarding me is my best course of action to file for relief?

2.  Is there a better course of action, or just ignore the order since i wasnt served and was not a party?

Why do i ask these... cause the bio-mom's attorney is generally appointed to type the orders even when it's dad's motion and he "tends" to add his own wording/decisions to everything... we've called him on it a couple of times and judge has ruled in our favor but not every time...

[socrateaser]

>Thanks for the input...
>
>my work relys on my use of the courthouse so i'm overly
>nervous on the subject...
>
>1.  If the court enters an order regarding the parental
>conferences and includes a paragraph regarding me is my best
>course of action to file for relief?

Unless you have been served with the motion requesting restraint of your liberty interests, then it would violate due process for a court to make such an order, and I seriously doubt that the court will do so.

If you were, for example sitting in the audience at a hearing and the judge were to address you, personally, you should immediately ask for a continuance on the issue, until you have had an opportunity to prepare an adequate defense and to obtain legal representation.


>
>2.  Is there a better course of action, or just ignore the
>order since i wasnt served and was not a party?

You can't ignore an order. If one was inadvertantly entered against you as a third party, then you would file an immediate ex-parte motion asking that this provision be set aside, for the same reasons as I suggested in #1, above.

>
>Why do i ask these... cause the bio-mom's attorney is
>generally appointed to type the orders even when it's dad's
>motion and he "tends" to add his own wording/decisions to
>everything... we've called him on it a couple of times and
>judge has ruled in our favor but not every time...

This isn't a question, but I have a comment. If this attorney manages to squeeze a restraining order against you into an order entered against your husband, then you will have a separate lawsuit against the attorney for a civil rights violation, and for wrongful institution of civil action, not to mention an ethics complaint.

An attorney who would do this is risking his/her license. I don't think that it will happen -- but, who knows.