AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Question QUESTION: my ex came into court and in his declaration he stated at this time he wanted nothing to do with our daughter and that he gave me 100% visitation zero for him. his attorney also made a stipulation that until he completed his 32 weeks of court order anger management classes he would not petition the courts for custody or visitation off that stipulation the judge made an order and 2 months later the courts allowed him to change his mind once again and petition the courts for visitation despite the order I am now appealing this decision and even when I got the transcipt and went on the record with the previous order the same judge that made the order denied it was this legal and isn't the courts in contempt of its own order looking for case law or another case to reference but can not find one plz help
ANSWER: Hi Shaun, without knowledge of the actual language in the actual orders I cannot comment upon the legality of the courts actions.
I hope this information was helpful to you.
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 the 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
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QUESTION: It clearly states the Respondent has zero visitation until he completes the 32 week court ordered program. This order was done only after the Respondent attorney stood up and stated his client has no interest in the child at this time and we/he stipulates to zero visitaion until his client completes the 32 weeks of anger management class I am typing it right from the transcript word for word now know that was the courts in contempt of its own order and is there any case law pertaining to this
ANSWER: You indicate that you are typing the language from the transcript but that does not indicate what was actually ordered. The written Order can and many times does differ from what is stated in court. Time sharing, child custody and child support is always subject to modification if and when there is a substantial change in circumstances alleged and proved before the court which would justify such a change.
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QUESTION: The order clearly states the courts order the Respondent zero visitation until he completes the 32 weeks court ordered program.
There is nothing more it is very clear now my question to you is? If the courts ignored their own order arent they in contempt and do you know any case law or related cases to this very same incident..
With all do respect you have danced around my question can you please answer it..I have asked you the samething now this time I typed just what the order says word for word
Answer A court cannot be held in contempt of its own order. You could issue a Writ of Mandamus requesting that the Appellate Court require the trial court to follow the dictates of the original order but as I stated previously Order's regarding child custody and time sharing are always subject to modification if there is a showing of a substantial change in circumstances that was unanticipated at the time of the original order. Sorry I am not, off the top of my head, aware of any case law that address this issue.
