ORDER ON WIFE’S MOTION FOR EXCLUSIVE USE AND POSSESSION OF HOME
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
In Re: The Marriage of Case Number:
JAMIE CROWN,
Petitioner/Wife,
and
JACK KING,
Respondent/Husband.
_____________________________________/
ORDER ON WIFE’S MOTION FOR EXCLUSIVE USE AND POSSESSION OF HOME
THIS CAUSE having come before the Court for hearing on XXXXXX XX, 20__ on the Wife’s Motion for Exclusive Use and Possession of Home. The Petitioner, Petitioner’s attorney, Larry D. Schott, Esquire, the Respondent and the Respondent’s attorney, XXXXXX, were present. The Court heard testimony of the Wife, and the Husband and viewed a video of the parties in the marital residence and heard argument of counsel.
THE COURT MAKES THE FOLLOWING FINDINGS:
- After the Court hearing on XXXXXXX XX, 20__ when the Court dismissed the Domestic Violence Injunction in Case Number: XXXXX and the Court discussed the Husband’s options regarding the removal of the Wife’s friends that were temporarily residing at the marital home (which was admitted to by both parties), the Husband then, with the Wife being entitled to return home, spilled water on the tile and carpeting allegedly to clean all the floors at one time.
- The Husband also removed most of the interior doors in the marital residence (bedroom, bathroom, etc.) and did not have a legal or viable explanation for such.
- The Husband’s harassment of the Wife in the marital home is patent and it does not appear at this juncture that the parties can reside in the marital residence together.
- The Court finds that that Husband has an alternative local residence that he can live at with his parents in Miami Gardens. The Husband testified that he resided at his parents residence for years as an adult prior to the marriage while he commuted to work at the same employment.
- The Court finds this is not an undue hardship to the Husband for the Wife to have exclusive use and possession of the marital home.
THEREFORE, it is ORDERED AND ADJUDGED:
- The Wife’s Motion for Exclusive Use and Possession of Home is hereby GRANTED.
- The Wife’s objection to having the Court hear the Husband’s Motion to Dismiss (which was filed yesterday) as untimely is sustained.
- The parties minor child shall continue to reside at the marital residence with the Wife.
- The Husband shall vacate the marital residence within 72 hours.
- The Husband shall not remove any furniture or permanent items. The Wife shall box up his personal belongings, clothing and sundries. The attorneys shall arrange a pick-up date and time. The Police or Sheriff’s Department shall assist with the implementation of this Order.
- The parties shall utilize “Talking Parents” and/or “Family Wizard” to communicate with each other regarding the child.
- The Court is not entertaining any other motions at this time. This Motion and Order has nothing to do with parental responsibility and/or timesharing, however, the parties may discuss a temporary timesharing agreement with the input of counsel, if needed.
- The Court reserves jurisdiction over the parties and the subject matter.
DONE AND ORDERED in Chambers, Broward County, Fort Lauderdale, Florida on this _____ of XXXXXX 20__.
______________________________________
HONORABLE XXXXXXXXXXXXXXXXXX
Circuit Court Judge
cc: Larry D. Schott, Esquire, Attorney for Wife
XXXXXXX , Esquire, Attorney for Husband
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