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CASE NO.: 2012-DR-8533-O
Division: 29
Michael J. DURAN,


____________________________ )

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
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
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
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. _____________________
Sworn to or affirmed and signed before me on ______________ by _______________________
(Print, type, or stamp commissioned
name of notary or clerk.)

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:
Michael Duran
639 N. Forsyth Rd
Orlando, Fl 32807

Jensine N. Echavarria