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    Notices and Response To Contempt

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    rgutierrez1011
    The respondent, Jensine N. Echavarria, filed a response to the petitioner's, Michael J. Duran, allegations of contempt. She asserts that the petitioner did not follow proper contempt procedures by failing to verify his claims in an affidavit and by not obtaining a rule to show cause from the court. She denies the claims of failing to communicate and provide visitation. The respondent provides exhibits showing her attempts to facilitate communication and argues the parenting plan does not yet require overnight visits. She moves to dismiss the petitioner's contempt claims with prejudice.

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    Notices and Response To Contempt

    Uploaded by

    rgutierrez1011
    309 views6 pages
    The respondent, Jensine N. Echavarria, filed a response to the petitioner's, Michael J. Duran, allegations of contempt. She asserts that the petitioner did not follow proper contempt procedures by failing to verify his claims in an affidavit and by not obtaining a rule to show cause from the court. She denies the claims of failing to communicate and provide visitation. The respondent provides exhibits showing her attempts to facilitate communication and argues the parenting plan does not yet require overnight visits. She moves to dismiss the petitioner's contempt claims with prejudice.

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    Notices and response to contempt

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    6044898 Notices and Response to Contempt

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    The respondent, Jensine N. Echavarria, filed a response to the petitioner's, Michael J. Duran, allegations of contempt. She asserts that the petitioner did not follow proper contempt procedures by failing to verify his claims in an affidavit and by not obtaining a rule to show cause from the court. She denies the claims of failing to communicate and provide visitation. The respondent provides exhibits showing her attempts to facilitate communication and argues the parenting plan does not yet require overnight visits. She moves to dismiss the petitioner's contempt claims with prejudice.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    309 views6 pages

    Notices and Response To Contempt

    Uploaded by

    rgutierrez1011
    The respondent, Jensine N. Echavarria, filed a response to the petitioner's, Michael J. Duran, allegations of contempt. She asserts that the petitioner did not follow proper contempt procedures by failing to verify his claims in an affidavit and by not obtaining a rule to show cause from the court. She denies the claims of failing to communicate and provide visitation. The respondent provides exhibits showing her attempts to facilitate communication and argues the parenting plan does not yet require overnight visits. She moves to dismiss the petitioner's contempt claims with prejudice.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    The respondent is denying allegations of contempt from the petitioner and claiming the petitioner failed to follow proper contempt procedures.

    The respondent is alleging that the claims of contempt from the petitioner are false and unfounded. They also claim the petitioner failed to verify the contempt claims in writing and failed to have the court issue a rule to show cause.

    The respondent claims the petitioner failed to verify the contempt claims in writing, failed to have the court issue a rule to show cause, and failed to ensure the rule to show cause was served on the respondent.

    IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT

    IN AND FOR ORANGE COUNTY, FLORIDA


    CASE NO.: 2012-DR-8533-O
    Division: 29
    Michael J. DURAN,
    Petitioner/Father,
    v.

    )
    )
    )
    )
    )

    Jensine N ECHAVARRIA,
    )
    Respondent/Mother.
    )
    ____________________________ )

    Notice of Petitioners Non-Compliance with Civil


    Contempt Procedures; and, Respondents Response
    and General Denial to Alleged Civil Contempt
    Comes now Jensine N. Echavarria, Mother of the minor child herein, and in direct support of
    her notices, response, and motions presented to the Court, the Clerk, and all parties, now and
    hereby alleges, states, and provides the following:
    Notice of Petitioners Non-Compliance with Civil Contempt Procedures
    1. Petitioner has previously alleged, by unverified motions only, that Respondent is
    somehow not complying with the Parenting Plan in this case entered on 09/24/2013, further
    alleging that Respondent is now in contempt for failing to provide the Petitioner with adequate
    contact information, open communication with regards to the minor, and overnight visitation
    rights.
    2. Petitioners proffered action for contempt is fatal, and may not yet be heard, due to the
    facts that Petitioner has: (1) failed to verify or affirm the same in writing reduced to particularly
    describing the same orders, factual events, and necessary dates, as required by law, and under
    Affidavit or other sworn instrument as duly provided by law; (2) failed to move or petition for

    this Court to issue its corresponding Rule to Show Cause; and (3) failed to ensure: (a) that this
    Court first issue such Rule to Show Cause, and (b) that such Rule to Show Cause was also duly
    served upon the Respondent.
    3. All and the same are necessary prerequisites to holding any hearing on alleged contempt.
    Respondents Response and General Denial to Alleged Child Support Contempt
    4. Moreover, Petitioners action for alleged contempt is utterly false, and the volume of
    unfounded motions served to my persons and filed upon this Court borders on harassment.
    Immediately subsequent the Motions for Contempt served on 09/02/2013, the Respondent has
    attempted to open virtual communication, via the web application Skype, between the minor and
    the Petitioner on more than one occasion as evinced by Exhibit A attached to this document. The
    Respondent has informed the Petitioner that she would be open to a regularly scheduled time to
    web chat with the minor and we are simply waiting on the Petitioners wishes and terms.
    5. Petitioner alleges Respondent is in contempt of information sharing requirements set
    forth in the Parenting plan, however, as evinced in the exchange between Mother and Father in
    Exhibit A, all appropriate measures were taken by the Respondent to satisfy the aforementioned
    stipulation in the Parenting contract.
    6. Petitioners claim that he is not being included in any major decisions as outlined in
    Item 3 of the Parenting Plan in completely false and unfounded. The minor has not entered
    school or any daycare program as of yet, therefore, the only major decisions regarding the minor
    are those in regard to her health, where he has already been made an emergency contact.
    Respondent has maintained open channels of communication with regard to major decisions,
    however the Petitioner has neglected to inform her of any decisions he has encountered.

    7. Petitioners claim that the Mother has changed or acquired a new phone number is also
    unfounded and false. Respondent is in the process of obtaining an government issued cell phone
    through which the Father and the minor can maintain contact for at least 250 minutes per month
    as allotted by the Federal Welfare Program.
    8. Petitioners claim to overnight privileges with the minor is erroneous as the magistrate
    clearly stated in the presence of both Mother and Father that the child would only be permitted
    overnight stays with the Petitioner once the minor entered school or daycare. The terms of this
    arrangement can also be outlined and clarified by the Court at a future hearing date so as to avoid
    confusion or any infringement upon the new amended Parenting Plan by either party.
    9. In addition, the Petitioner is in contempt of various items outlined in the Parenting Plan
    including improper and disrespectful treatment of Respondent in the presence of the minor when
    he is retrieving her or returning her to the Mother. Because these acts are undocumented and
    purely verbal exchanges, the Respondent cannot enter a Motion for Contempt, as there is not
    enough evidence to warrant action against the Petitioner.
    10. Moreover, the Respondent understands actions concerning the application of a legally
    binding contract consider intent as well as execution of these actions; the Respondents intent is
    to comply with all the terms set forth in the Parenting agreement. The Petitioners claims are
    frivolous as well as absurd and only aim to attack the Respondent so as to foster and further a
    hostile environment between the Respondent and the Petitioner. In a phone call made from the
    Respondent to the Petitioner on 09/07/2014 detailing the loss of the Respondents maternal
    grandmother, the Mother attempted to reach out to the Father to grant us some patience and
    understanding in this very delicate time for the Respondents family. However the Petitioner has
    only responded with more harassment and hostility which, in turn, affects the emotional health of

    the minor, as the minor and the Mothers grandmother were very close having co-habituated for
    the better part of last year.
    Motion to Dismiss Petitioners Alleged Contempt Action with Prejudice
    11. The Respondent is by no means in any contempt of this Court or of any order for support,
    nor has ever been, and if Petitioner is having any trouble in communication or direct involvement
    with the minor, his remedy is to simply contact the Respondent through any of the available
    channels he has disposable to him.
    12. Petitioner has falsely harassed Respondent, and also failed to follow contempt procedures,
    and I humbly ask this Honorable Court that this unverified motion for contempt should now be
    DISMISSED WITH PREJUDICE.
    WHEREFORE, the undersigned, Jensine N. Echavarria, now notifies this Court, the Clerk,
    and all parties of the above lack of compliance with contempt procedures, responds in general
    denial to the alleged contempt action, and moves this Court DISMISS this alleged contempt
    action with PREJUDICE accordingly, and further moves for all other relief just and proper in the
    premises.
    Respectfully submitted,
    ______________________________
    Jensine N. Echavarria
    8239 Claire Ann Dr. Unit 106
    Orlando, FL 32836

    I understand that I am swearing or affirming under oath to the truthfulness of the cailms
    made above and that the punishment for knowingly making a false statement includes fines
    and/or imprisonment.
    Date: _______________________

    _________________________
    Signature of Party
    Printed Name: _____________________
    Address: _________________________
    City, State, Zip code: _______________
    Telephone No. _____________________
    STATE OF FLORIDA
    COUNTY OF ORANGE
    Sworn to or affirmed and signed before me on ______________ by _______________________
    __________________________________
    NOTARY PUBLIC or DEPUTY CLERK
    ___________________________________
    (Print, type, or stamp commissioned
    name of notary or clerk.)

    CERTIFICATE OF SERVICE
    I hereby certify: that on this ______ day of September, 2014, a true and complete copy of the
    foregoing Notice of Petitioners Non-Compliance with Civil Contempt Procedures; and,
    Respondents Response and General Denial to Alleged Child Support Contempt, by serving the
    same upon her in open court, has been duly served upon the following:
    Father:
    Michael Duran
    639 N. Forsyth Rd
    Orlando, Fl 32807

    ______________________________
    Jensine N. Echavarria

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