Law Office of Janet Langjahr
Boynton Beach Divorce Lawyer serving
Fort Lauderdale Broward and West Palm Beach County
and, with our network, all of Florida
Attorney licensed in FL, NY, NJ

Boynton Beach, Florida divorce and child custody attorney Janet Langjahr helps you win back control of your lives in family and domestic violence court

Helping You Win Back Control of Your
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FACTS SUPPORTING WIFE'S CONSOLIDATED MOTION AND MEMORANDUM OF LAW TO STRIKE HUSBAND'S MEMORANDUM OF LAW, TO CANCEL EVIDENTIARY HEARING AND TO PROCEED TO EXERCISE JURISDICTION

  1. 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”.

  2. 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)

  3. 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.”

  4. 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 § ________).

  5. 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).

  6. 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 other state.

  7. Accordingly, in his Other State pleadings, HUSBAND willfully swore to the truth of a statement that he knew was false.

  8. Under Florida law, HUSBAND’S conduct is believed to make out all of the elements of the crime of felony perjury.

  9. Further, HUSBAND did not timely correct or amend his false affidavits.

  10. 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.

  11. 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__.

  12. 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.

  13. 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__.

  14. 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.)

  15. 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.

  16. 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.

  17. . 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.

  18. 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.

  19. 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.

  20. 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 HUSBAND’S default.

  21. 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.

  22. 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.

  23. 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.

  24. 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.)

  25. 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.

  26. 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.

  27. 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 them.

  28. Neither Florida nor Other State counsel for the HUSBAND had requested an evidentiary hearing either orally or in the MEMORANDUM.

  29. Even the MEMORANDUM conceded that domestic violence by HUSBAND would have fully justified WIFE’S removal of BABY from Other State.

  30. 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 there?

  31. 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.

  32. 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.

  33. 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 old)

    • 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 repetitive frequency

    • WIFE’S Affidavit of Violation of Injunction for Protection against Domestic Violence regarding a telephone call HUSBAND placed to WIFE through an intermediary

The Law Office of Janet Langjahr PA
Divorce Law · Child Custody Law · Domestic Violence Law
3330 S. Federal Highway, Suite 208
1 Mile South of Woolbright Road at Bamboo Lane on the northbound side of US 1
Boynton Beach, FL 33435
Voice (561) 424-9001
Fax (561) 892-8442
info@fla-divorcelaw.com
www.FLA-DivorceLaw.com
Licensed in Florida, New Jersey and New York (since 1988)
Serving West Palm Beach County and Fort Lauderdale Broward County, Florida
and, with our network, all of Florida

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