Motion to show cause

[cdcoffell]

Case in Palm Beach County, Florida - breif overview:

Husband and wife have been through divorce, mother given sole custody, father has standard EOW. Ex wife has filed so many motions in court that the judge ordered them to see parenting coordinator prior to going before the judge in refernce to visitation.

They had attended one parenting cooridnator with no success in an agreement, the second the wife didn't show to ,the mediator didn't file anything. The third they signed an agreement and were to meet again on 5/20/04.

Father notified the parenting coordinator a week in advance that he would be unable to make it due to personal reason (he had seperated from his current wife, had no vehicle and his bank account was overdrawn $400).

the coordinator filed her report to the court and stated the father did not show up and now father has to appear for a "motion to show cause" on 8/20/04.

The questions are as follows:

1. what will most likely happen to him?

2. can he bring in a copy of the bank statement showing he had no money at the time of the scheduled session along with the restraining order showing he was seperated from his present wife and going through hardships.

3. state to the judge that he is back together and has worked things out with his present wife and there is no need for anymore parenting coordinator sessions at this point?

-ps-
his ex wife has denied him 2 visitations (both weekends), should this be brought up in this hearing?

[socrateaser]

>1. what will most likely happen to him?

I don't know what the show cause order (OSC) alleges or asks for in terms of relief, so I can't even guess.

>
>2. can he bring in a copy of the bank statement showing he had
>no money at the time of the scheduled session along with the
>restraining order showing he was seperated from his present
>wife and going through hardships.

He can bring it, but it sounds like "The dog ate my homework." The fact that you have a hardship may or may not be an excuse, but, once again, without reading the entire OSC, I can't even guess.

>
>3. state to the judge that he is back together and has worked
>things out with his present wife and there is no need for
>anymore parenting coordinator sessions at this point?

If the parties both state on the court record that they have reconciled, then the court will likely dismiss the entire divorce action, and with it, all of the motions and orders, including the pending OSC.

>
>-ps-
>his ex wife has denied him 2 visitations (both weekends),
>should this be brought up in this hearing?

If you wish to allege that the ex wife is in contempt, then you must file a motion for an OSC, alleging the contempt, and then you must prove it. If you try to raise this at the hearing as a defense to not appearing for the mediation session, the judge will shut you down, because the issue is not a defense to not appearing, and you have not raised the issue on motion so that the other party can adequately prepare a defense.