Hello, my name is Marcel, and I am a Soldier currently deployed to Iraq. I have a situation back at home that I need to make public!!! This is an ongoing matter that is affecting hundreds of U.S. Servicemembers that are deployed!!! In my case it was the manner in which a Judge violated a Federal Law designed to protect Servicemembers that are deployed, like myself.
A Judge of the 17th Circuit Court of Florida in Fort Lauderdale, FL violated the Servicemember’s Civil Relief Act (SCRA), despite my Attorney’s attempt to bring to her attention the applicability of the SCRA and a letter from my Commanding Officer that explained why I was not able to appear in court. This letter in fact fulfills the requirements of the law, and explains in detail how it applies to my case. The Judge simply refused to look at the paperwork and disregarded the whole notion, this is recorded in the court records. This Law was designed to protect Servicemembers against many situations, chiefly among them is Default Judgments were there may be a defense to the action and such defense depends on the Servicemember’s presence.
This is the whole story:
Earlier this year as I prepared to deploy, I made plans to have my only daughter, 13 year old I., visit me in the state of Hawaii where I am stationed. Due to the distance, she lived in the Orlando-FL area, we had not seen each other since September of 09’. Unfortunately due to terms of my divorce, in which I have joint custody of I., visitation is reached by agreement of both parties. Which is complicated at best, every time I would like to see my daughter I have to beg, cajole and modify my plans in some way, despite the fact that these visits are always planned around holidays, extended weekends and vacations. It is always on my ex-wife’s terms, and not giving consideration as to what is best or fair for our daughter. So as I tried to "negotiate" Isabelle’s visit, I was told that if I wanted to see her I needed to purchase a ticket departing Orlando, but returning to Atlanta. And only for a maximum of 5 weeks, which initially she tried to keep it down to 4! I asked myself at this point why, and then posed the question through to H. and I was told that they were planning on moving to GA and that they were doing so it for over one year now.
There was no choice for me in this matter, if I wanted to see my daughter prior to departing to Iraq for a minimum 12 month tour I had to agree to that ticket and timeline arrangement.
What I did was to conduct some research online and found out that the current Florida law requires that in order to move the child a parent notify, via the court system, the other parent, as well as present a NEW VISITATION PLAN. Upon receipt of the letter the parent has 30 days to object or agree to the move and the visitation plan. I thought that this was perfect, I would be able to have a guaranteed visitation plan, that would spell out WHEN and HOW I would be able to see my daughter!
The only issue here was how to get my ex-wife to take the proper steps. In other words, how to get her to follow the law. I hired an attorney that practiced in Volusia County, where they lived, she drafted a letter advising of the law, the required steps needed to be taken in order to move beyond 50 miles, the risks of foregoing those steps and it also a visitation plan that I would agree to. All she had to do was to enter the agreement and they would be able to move. My visitation plan called for 3 visits a year, alternating Christmas and Thanksgiving. Well, what followed was a little game of cat and mouse, where we were unable to obtain a straight answer for weeks, with finally a complete turn down, and H. expressing that they had no interest in a visitation plan at all. In fact she tried to convince my daughter that this was silly and unnecessary and that Isabelle should decide, a 13 year old. My attorney referred me to an attorney in the county where my divorce was completed to further pursue the matter. They planned on moving shortly after Isabelle flew to HI.
I hired an attorney, who once again made an attempt to negotiate an agreement. Which was turned down. At which point we applied for and successfully obtained an injunction preventing the move and requiring H. to purchase a return ticket to Orlando, FL. Instead of following the order she moved, in contempt of the court. Followed shortly by her purchasing a ticket to Florida, albeit to Ft Lauderdale and not Orlando. Given that she failed to follow the court instructions and that we had no address whatsoever for their residence, and concerned as to her true intentions, Isabelle stayed in Hawaii until the matter could be cleared and we could get more clarification on the follow0on hearing to the injunction. During this hearing my attorney attempted to obtain a stay on any decisions until I could be present, when my attorney highlighted and attempted to point out the section of the SCRA that pertained to the matter the judge simply refused to look at the SCRA. My attorney asked if the Judge was refusing to consider the SCRA and the Judge confirmed that yes, indeed she was. The Judge ordered the return of Isabelle, despite the lie told in court by H.’s attorney regarding her residence. They in fact have a home in Atlanta!
A Judge of the 17th Circuit Court of Florida in Fort Lauderdale, FL violated the Servicemember’s Civil Relief Act (SCRA), despite my Attorney’s attempt to bring to her attention the applicability of the SCRA and a letter from my Commanding Officer that explained why I was not able to appear in court. This letter in fact fulfills the requirements of the law, and explains in detail how it applies to my case. The Judge simply refused to look at the paperwork and disregarded the whole notion, this is recorded in the court records. This Law was designed to protect Servicemembers against many situations, chiefly among them is Default Judgments were there may be a defense to the action and such defense depends on the Servicemember’s presence.
This is the whole story:
Earlier this year as I prepared to deploy, I made plans to have my only daughter, 13 year old I., visit me in the state of Hawaii where I am stationed. Due to the distance, she lived in the Orlando-FL area, we had not seen each other since September of 09’. Unfortunately due to terms of my divorce, in which I have joint custody of I., visitation is reached by agreement of both parties. Which is complicated at best, every time I would like to see my daughter I have to beg, cajole and modify my plans in some way, despite the fact that these visits are always planned around holidays, extended weekends and vacations. It is always on my ex-wife’s terms, and not giving consideration as to what is best or fair for our daughter. So as I tried to "negotiate" Isabelle’s visit, I was told that if I wanted to see her I needed to purchase a ticket departing Orlando, but returning to Atlanta. And only for a maximum of 5 weeks, which initially she tried to keep it down to 4! I asked myself at this point why, and then posed the question through to H. and I was told that they were planning on moving to GA and that they were doing so it for over one year now.
There was no choice for me in this matter, if I wanted to see my daughter prior to departing to Iraq for a minimum 12 month tour I had to agree to that ticket and timeline arrangement.
What I did was to conduct some research online and found out that the current Florida law requires that in order to move the child a parent notify, via the court system, the other parent, as well as present a NEW VISITATION PLAN. Upon receipt of the letter the parent has 30 days to object or agree to the move and the visitation plan. I thought that this was perfect, I would be able to have a guaranteed visitation plan, that would spell out WHEN and HOW I would be able to see my daughter!
The only issue here was how to get my ex-wife to take the proper steps. In other words, how to get her to follow the law. I hired an attorney that practiced in Volusia County, where they lived, she drafted a letter advising of the law, the required steps needed to be taken in order to move beyond 50 miles, the risks of foregoing those steps and it also a visitation plan that I would agree to. All she had to do was to enter the agreement and they would be able to move. My visitation plan called for 3 visits a year, alternating Christmas and Thanksgiving. Well, what followed was a little game of cat and mouse, where we were unable to obtain a straight answer for weeks, with finally a complete turn down, and H. expressing that they had no interest in a visitation plan at all. In fact she tried to convince my daughter that this was silly and unnecessary and that Isabelle should decide, a 13 year old. My attorney referred me to an attorney in the county where my divorce was completed to further pursue the matter. They planned on moving shortly after Isabelle flew to HI.
I hired an attorney, who once again made an attempt to negotiate an agreement. Which was turned down. At which point we applied for and successfully obtained an injunction preventing the move and requiring H. to purchase a return ticket to Orlando, FL. Instead of following the order she moved, in contempt of the court. Followed shortly by her purchasing a ticket to Florida, albeit to Ft Lauderdale and not Orlando. Given that she failed to follow the court instructions and that we had no address whatsoever for their residence, and concerned as to her true intentions, Isabelle stayed in Hawaii until the matter could be cleared and we could get more clarification on the follow0on hearing to the injunction. During this hearing my attorney attempted to obtain a stay on any decisions until I could be present, when my attorney highlighted and attempted to point out the section of the SCRA that pertained to the matter the judge simply refused to look at the SCRA. My attorney asked if the Judge was refusing to consider the SCRA and the Judge confirmed that yes, indeed she was. The Judge ordered the return of Isabelle, despite the lie told in court by H.’s attorney regarding her residence. They in fact have a home in Atlanta!
Since all of this has transpired, the Judge has blocked my ex-wife from filling some really dubious and slanderous motions, to include trying to keep me from having ANY contact with my daughter whatsoever… Unfortunately the Judge has since temporarily allowed them to “move”, hah, what a funny concept, when they had already done so…
This information was originally posted on a Facebook Group that started with the name: My Rights as a Deployed Father and after being deleted twice it was rename My Rights as a Deployed Parent. Well, after what can only be a nice disinformation campaign from my ex-, my account, along with all other admins and the group have been deleted… So here I am, Blogging and I am happier for I hope to get my message to more people that way!
To hell with Facebook!
right on marcel...wtf is wrong with facebook?...we used to call people like that commies back when i was in...they never said why they were deleting you?...crazy but drive on...i'll keep sharing your blog link so it gets out there too...i cant imagine what was against the rules...all sounds respectfully written and unoffensive to me...must be the truth they are scared of...just never give up...you'll be alright!
ReplyDeleteThanks James!!! I really appreciate the support!!! And yes they ARE A BUNCH OF effin' Commies!!!
ReplyDeleteHang in there Marcel. I hope and pray that things turn out in your favor.
ReplyDelete