Notice of Related Cases: Know What It Is Before You Step Into A Courtroom

Sydney Mitchell:

Hi. My name is Sydney Mitchell.

Matthew Brickman:

Hi, I’m Matthew Brickman, Florida Supreme court mediator. Welcome to the Mediate This! Podcast where we discuss everything mediation and conflict resolution.

(00:13):
I’m just loving all of the interaction that we’re getting with our listeners and the questions that you keep, uh, sending. And I, so today I want to answer another question that I recently received from a listener that said, what types of cases that are related to my divorce can be heard in family court? So, um, in a, uh, divorce packet, at least in the state of Florida, and it’s important that you know the laws in your particular state and follow the rules of the particular packets. But in a petition for divorce, there is a document called Notice of related Cases. And so what it says is this on that document, and I’m, I’m gonna read the document to you. It says, the petitioner submits this notice of related cases as required by Florida Rule of Judicial Administration, 2.545 subsection d a related case may be an open or closed civil criminal guardianship, domestic violence, juvenile delinquency, juvenile dependency, or domestic relations case.

(01:29):
A case is quote, unquote, related to this family law case. If it involves any of the same parties, their children or issues as it is pending at the time the party files, the family case. If an order in the related case may conflict with an order on the same issue in the new case, or if an order in the new case may conflict with an order in earlier litigation, then there’s a whole bunch of different boxes to check for what it may or may not be. So let’s go through a couple of those. So a civil case, um, a civil case could be, um, anything that is, uh, falling under civil law. So civil law, um, is the laws that pertains to persons things and relationships that develop among them. Um, so it could be, um, um, anything that is non-criminal. Um, so, um, some examples of civil law could be defamation, like libel or slander.

(02:45):
It could be a breach of contract. Um, it could be property damage. So let’s say, for example, I’m gonna give you a couple examples of things that I’ve experienced as a mediator that would fall under civil. Um, so somebody has breached a contract, even though they were married. Maybe the husband and the wife entered into a contract with a third party. Now they’ve breached it. Then the husband give you an example. Um, it was a cultural, uh, arrangement that the husband and the wife entered into with the wife’s family, and it was just this cultural arrangement. Well, now that they’re getting divorced, the husband decides that he’s just gonna stop payment on this contract that they both have with the family. So the family sued the husband and the wife both. And so we’ve got to deal with then that civil lawsuit as it affects, um, family law, because technically that is a family debt.

(03:52):
Uh, they incurred it during the marriage, and so we’ve gotta deal with that accordingly. Um, then let’s, let’s deal with criminal. Um, criminal could be anything that is criminal. So just think of, um, you know, for example, um, let’s say, oh, criminal law, criminal law, types of crimes in criminal law could be like a felony, a misdemeanor infraction. So, um, I had a mediation where the, oh my gosh, the husband, well, no, no, it wasn’t the husband, sorry. It was a paternity action where the parties came to me and got, uh, their paternity action done. They got their times sharing, and the father then, uh, went up and got, uh, arrested on spring break with a bunch of his buddies doing a home invasion in another state. Well, then he got arrested, and now he’s going to jail. Well, in the family court. Now, of course, he does not have his time sharing.

(05:14):
The mother is now having the child a hundred percent of the time. And, um, so that’s gonna change the child’s support. Of course, that’s going to create a child’s support that makes it quite high for the father having no time sharing. But he’s also in jail. And so, you know, um, that criminal action now has consequences back in the family court. Um, guardianship. So, you know, a guardianship requires where, uh, the court appoints a guardian. So, um, it could be a guardian for minors where like the parents die or become in, uh, incapacitated. You know, maybe I’m life support, um, or if a child receives an inheritance or proceeds from a lawsuit or insurance policy. Um, so that’s where maybe a guardian, um, comes in. And so if there’s, you know, if that happens, then yes, that can also then come into play with, uh, the family court.

(06:20):
Domestic violence, um, dealt with that, unfortunately, way too many times where, um, you know, maybe prior to the divorce or during the divorce, one of the parties, um, commits an act of domestic violence against the other. I had one recently where, uh, the father was having an alleged affair, and so the mother decided that she was gonna take her kids over to the, uh, father’s girlfriend’s home. Um, and, um, the reason why I said it was an alleged affair was because well sh he wasn’t there. Um, and so, um, she knocked on the door, she accused the woman of sleeping with her husband, um, which it did turn out was true, um, in the end, but she had no proof at the time. She just had her knowledge, but no proof. And she actually, um, attacked The woman got arrested. And then of course, you know, that definitely then came into play when the parties were creating their parenting plan because, you know, mom’s now been arrested for domestic violence.

(07:38):
It looks as though she’s got a history now and dad’s asking for, you know, a hundred percent time sharing. And, you know, plus it didn’t help that she took her kids with her. And so when she got arrested, they had to call the father who came over to this person’s home to get his kids. Yeah. Um, so it could be any, any, any type of domestic violence. Um, a lot of times, you know, unfortunately, um, I’ve, I’ve dealt where, um, there’s alcohol involved and so, you know, somebody ends up beating up somebody. And then that definitely comes into play when we’re talking about time sharing. Um, juvenile delinquency, I’ve had that as well, where, you know, the, the, uh, the child, uh, has been arrested for drugs or fighting, or I’ve had one where it was a carjacking. And of course then there’s the allegations of, well, that happened when the child was with you, would, it never happened if the child was with me.

(08:36):
Um, and of course then, you know, um, that comes into play when we’re trying to do a time sharing plan. Um, juva juvenile dependency, um, that’s when the, you know, usually the, uh, dependency court, um, for the child is involved. So, um, for a short period of time, I was a, uh, mediator for dependency court. Um, and I was also a guardian ad litem. And so as a guardian of litem I dealt with, uh, juvenile dependency where, you know, mom and dad were both arrested. Child was in, uh, foster care. And so as the guardian of ad litem, I was then there to help both the, um, mother and father go through the case plan that department, children, family services had set up, um, so that they, there could be an eventual reuniting and then hopefully a time sharing plan eventually could be had, um, once both mom and dad are out of jail, completed their case plan hold nine yards.

(09:44):
So that’s another area. And it says, or domestic relations case. So that could be basically anything else in family law. So those are all the different types of cases. You know, when it says what types of cases that are related to my divorce can be heard in family court, those are all the different types that, you know, can affect the divorce and could be heard in a family court of law.

Matthew Brickman:
Occasionally Sydney and I will be releasing Q & A bonus episodes where we will answer questions and give you a personal shout out.

Sydney Mitchell:
If you have a comment or question regarding anything that we discuss, email us at info@ichatmediation.com that’s info@ichatmediation.com and stay tuned to hear your shout out and have your question answered here on the show.

Matthew Brickman:

For more information about my services or to schedule your mediation with me, either in person or using my iChatMediation Virtual Platform built by Cisco Communications. Visit me online at www.iMediateInc.com. Call me at 561-262-9121, Toll-Free at 877-822-1479 or email me at MBrickman@iChatMediation.com.