- On ______ __, 200__, the police finally succeeded in serving HUSBAND in
WIFE’S Florida action for Injunction for Protection against Domestic Violence,
when the police arrested HUSBAND on an unrelated outstanding warrant and further
charged HUSBAND with resisting arrest. (Arrest/Booking Report is attached
hereto) With HUSBAND’S usual contempt for the law, HUSBAND described these
charges as “nothing”.
- The domestic violence pleadings clearly show on their face that the
domestic violence proceedings are a child custody proceeding and that temporary
custody of the BABY was therein awarded to WIFE. (Petition for Injunction for
Protection against Domestic Violence and Temporary Injunction for Protection
against Domestic Violence are attached hereto)
- On _______ __, 200__, HUSBAND faxed a letter to the Honorable Judge
_________, who was then presiding over the domestic violence action in _________
County. (letter attached hereto) In his letter, HUSBAND explicitly
acknowledged that “THE PAPERS I WAS SERVED WITH, [sic] ALLUDE TO CUSTODY ISSUES
AND MY RIGHTS.”
- In both Florida (Fla. Stat. § 61.522(1)) and Other State (Other State
Statute §________), it is mandatory for the parties in any child custody case to
provide to the court information under oath concerning any other child custody
proceedings pending in any jurisdiction. Under both statutes, that duty is a
continuing duty as the case progresses, (Fla. Stat. § 61.522(4), Other State
Statutes § ________).
- On _______ ___, 200__ HUSBAND filed his Petition for Dissolution of
Marriage and Motion for Temporary Custody Visitation and Child Support in Other
State (both documents are attached hereto).
- In both of those pleadings, HUSBAND swore that he had no information
about any custody proceeding concerning BABY pending in Other State or in any
- Accordingly, in his Other State pleadings, HUSBAND willfully swore to
the truth of a statement that he knew was false.
- Under Florida law, HUSBAND’S conduct is believed to make out all of the
elements of the crime of felony perjury.
- Further, HUSBAND did not timely correct or amend his false affidavits.
- In the domestic violence proceedings, HUSBAND evaded service for over two
months, causing at least two continuances. In HUSBAND’S letter to Judge ______,
HUSBAND requested that the domestic violence judge grant him another continuance
so that HUSBAND could come and defend himself. HUSBAND did not come to the
re-set hearing, but HUSBAND did send an attorney, resulting in another prolonged
continuance. Having entered general appearances in the case, HUSBAND never did
put on any evidence to contradict the evidence presented by WIFE.
- HUSBAND also requested a continuance of the hearing on WIFE’S motion to
dismiss the action in Other State. As a result, WIFE filed her Florida motion
for a hearing on child custody jurisdiction on _________ __, 200__.
- On that same day, the Clerk entered a Default against the HUSBAND in this
action for failing timely to file an Answer or Motion to Dismiss which set forth
any defenses and/or claims which the HUSBAND may have had a legal right to
assert prior to entry of the Default.
- Presumably, based on the outcome of the hearing on jurisdiction later
held in Other State on _________ __, 200__, the HUSBAND belatedly decided to
participate in these Florida proceedings and engage Florida counsel, but HUSBAND
deliberately waited to do so until the morning of the Florida jurisdictional
hearing set for ________ __, 200__.
- Counsel for the HUSBAND, who even then declined to commit to appear as
HUSBAND’S attorney of record in the case, appeared solely to request a
continuance. Only subsequently did counsel for the HUSBAND commit to
representing HUSBAND by filing a general notice of appearance. (While drafting
this Motion, however, counsel for the WIFE was served with HUSBAND’S counsel’s
Motion to Withdraw because of HUSBAND’S failure to cooperate with counsel and to
live up to his word.)
- During the scheduled hearing on _________ __, this Court was unable to
communicate with the Other State court to confirm that the Other State court was
willing to decline or defer jurisdiction in this matter.
- For that reason, a telephone conference call between the two courts, and
parties and counsel in both states, was subsequently scheduled to confirm that
Other State was prepared to decline or defer to Florida’s jurisdiction.
- . On the day before the scheduled conference call and twenty-one days after
counsel for the HUSBAND first appeared in this case, Florida counsel for the
WIFE was unfairly surprised to receive service by the defaulted HUSBAND of the
MEMORANDUM. Without adequate notice or legal right, the HUSBAND was proceeding
as though he were still entitled to plead and as though the scheduled conference
call were going to be a full-blown jurisdictional hearing de novo.
- The MEMORANDUM for the first time raised factual disputes by stating that
allegations set forth in WIFE’S verified Petition for Dissolution of Marriage
and Custody of Minor Child (attached hereto) and in the verified Petition for
Injunction for Protection against Domestic Violence (attached hereto), the
latter of which was previously reduced to Final Judgment (attached hereto), were
“unsupported” by evidence.
- The MEMORANDUM, however, was not supported by an affidavit by the
HUSBAND. In fact, the MEMORANDUM did not even go so far as to actually deny
HUSBAND’S acts of violence against WIFE, BABY, HUSBAND’S ex-girlfriend,
HUSBAND’S son, HUSBAND’S former landlord and others. Then again, even HUSBAND
probably realizes that the word of someone who has already willfully sworn out a
false statement would and should be given little weight.
- By contrast, WIFE’S verified Petitions both, in part, alleged acts of
domestic violence by HUSBAND in Other State prior to WIFE’S and BABY’s flight to
safety in Florida. WIFE’S allegations were upheld in the Final Judgment of
Injunction for Protection against Domestic Violence and were deemed admitted by
- The basis for the MEMORANDUM is really an unsworn theory by HUSBAND’S
counsel that WIFE’S allegations are “unsupported”. Ironically, counsel for the
HUSBAND now seeks to withdraw because HUSBAND apparently willfully misled his
counsel as well as this Court and the Other State court.
- HUSBAND also contended in the MEMORANDUM, in direct contradiction to
WIFE’S pleadings, which are deemed admitted, that HUSBAND had not consented to
WIFE’S bringing their BABY with her to safety in WIFE’S mother’s home in
- Florida counsel for the WIFE learned that morning that HUSBAND’S Other
State counsel had advanced the same theory at the hearing held in Other State,
apparently to no avail in Other State.
- During the conference call, the Other State court twice stated
unequivocally that it would defer to the Florida court on jurisdiction.
(Florida counsel for the WIFE has an audio cassette tape of the digital
recording of the call.)
- During the conference call, the Other State court also declined to
conduct an evidentiary hearing in Other State on HUSBAND’S theory of
unjustifiable conduct by WIFE.
- During the conference call, Florida counsel for the WIFE put forth orally
the motion to strike HUSBAND’S MEMORANDUM as barred by HUSBAND’S Default and the
Final Judgment of Injunction for Protection against Domestic Violence.
- This Court never explicitly ruled on Wife’s motion during the conference
call, but heard out the defaulted, res judicata-barred HUSBAND’S theories and
ruled on its own motion that an evidentiary hearing should be held because of
- Neither Florida nor Other State counsel for the HUSBAND had requested an
evidentiary hearing either orally or in the MEMORANDUM.
- Even the MEMORANDUM conceded that domestic violence by HUSBAND would have
fully justified WIFE’S removal of BABY from Other State.
- Even with WIFE and BABY out of state, HUSBAND has violated the Injunction
for Protection against Domestic Violence at least twice. On ______ __, 200__,
as one violation of the Injunction, HUSBAND wrote WIFE a strange and disturbing
letter (attached hereto) in which HUSBAND stated “…to self I must die, so bid
this all good bye” (emphasis added). Since HUSBAND demonstrated no hesitation
in violating the Injunction and other orders of the Florida and Other State
courts, who can say what HUSBAND might have done if WIFE had been foolhardy
enough to have remained in Other State and to have sought an order of protection
- Just a few weeks after WIFE and BABY reached safety in Florida, HUSBAND
sent a letter (attached hereto) to WIFE in which HUSBAND wrote “I…don’t blame
you for leaving. Most all of this falls on my shoulders…it is not enough to say
sorrrrrrry!!!!! [sic]…I…feel so ashamed…I don’t want any of us to suffer, so I
am getting help. I am working very very hard at solving our problems and I am
open to correction in all areas of my life…I know that you must be hurting…all
the tears you shed and pleading with me to do something. I respect you for
leaving and thank you for sending me on this course to learn how to be a better
husband and father.” (emphasis added) HUSBAND’S letter is wholly consistent
with the adjudication of domestic violence and the admission by HUSBAND of
consent to WIFE’S and BABY’s flight to safety in Florida.
- A few days later, HUSBAND sent WIFE a certified letter (attached hereto)
in which HUSBAND wrote “im [sic] able to make great money and can afford a
counseller [sic]…i’ve [sic] looked into moving to florida [sic]…” (attached
hereto) Again, HUSBAND’S letter is wholly consistent with the adjudication of
domestic violence and the admission by HUSBAND of consent to WIFE’S and BABY’s
move to Florida.
- As further documentary evidence of HUSBAND’S extensive history of
domestic and other violence, attached hereto are:
- HUSBAND’s criminal conviction for domestic violence assault and
forced entry into the Other State home of HUSBAND’S former girlfriend,
__________, in _______ 200__
- Notarized letter from Police Department Records Supervisor regarding same
- __________ Police Department Case Narrative recounting that incident
occurred in the presence of HUSBAND’S other minor child (approximately ___ years
- Certified copy of Full (permanent) Order of Protection for
_____________, entered in 200__
- Certified copy of Full (permanent) Order of Protection for HUSBAND’S
former landlord, _______________, entered in 200__
- ____________ Police Department Field Incident Report of __/__/__
assault on ________________
- ______________ Police Officer’s Investigation Report and Summons re
_______ 200__ assault by HUSBAND on one _____________
- WIFE’S _______ 200__ telephone records of calls in harassingly
- WIFE’S Affidavit of Violation of Injunction for Protection against
Domestic Violence regarding a telephone call HUSBAND placed to WIFE through an