I was divorced in 2005 in PA and in the settlement agreement, I unknowingly agreed that she may relocate to Florida and that Florida would be considered the home state. I had no contact with my ex-wife and daughter for two years despite attempting to locate them and subsequently filed a motion in PA for contempt.
In 2001,jurisdiction was transferred to Florida and it was litigated for three solid years and subsequently, I was awarded sole legal and physical custody of my daughter almost two years ago. During that time, ex-wife has attempted to re-litigate the case and filed many, many motions that have not been sent for hearing and an appeal which was voluntarily withdrawn several days ago. One motion was to have the judge recuse himself based on fabricated and imagined biases.
Additionally, she filed a motion in PA prior to her withdrawal of her appeal, where the child and I reside since I was awarded custody, to transfer custody back to her again based upon some imagined occurrences and grounds which hold no water.
The custody order in Florida states that it will retain jurisdiction on custodial matters and child support. Again, there are motions that she filed including a child support and contempt order and my motion to terminate contact until she obtains a psychologic evaluation, that have not been sent for hearing open in Florida. The child has resided in PA for two years since the order but again, the case was litigated for three years and several expert witnesses in Florida.
My PA attorney filed a motion to dismiss based upon the fact that the appeal was pending, there are open motions in Florida and that we have litigated this case to death and nothing has changed. The judge is holding a hearing on the motion to dismiss next week and stated unequivocally that BOTH PARTIES APPEAR IN PERSON and that she will need to explain the circumstances surrounding her pending appeal (which was since retracted/voluntarily dismissed.)
Is there a chance that this case would need to start all over from scratch in PA disregarding all of the time and expense that it was litigated in Florida?
Under what circumstances would the Florida judge relinquish jurisdiction or rather, would anyone believe it be in anyone's best interest to transfer jurisdiction?
Lastly, we were awarded nearly $20,000 in attorney's fees based upon the fact that she drew out litigation whenever, wherever possibly, we do not expect to see a dime of that money however, knowing that she can and will litigate us to death, is it possible to stop her from litigating so much by say, an injunction or bar?
Topic: Jurisdiction Fight After Three Year Court Battle (Read 522 times)