Miami, FL asked in Family Law and Child Custody for Florida

Q: What form do i need to file to ask for a motion to strike based on false accusations and false claims.

My exhusband stated in his original emergency motion that our daughter was sexually assualted during my time sharing. After i filed a police report and had a full investigation done into his claims both hillsbrough county and pasco county sherrif police reports state thier was no form of sexual assualts of any kind. But my ex husband and his attorney continue to state she was sexually assualted in my care on every motion they file with every judge. This cause an emotional reaction and i continuesly have to prove his accusations untrue. I would like this to stop so i am needing to file a motion to strike but i do not know what form to use. I am already filing a motion to set aside due to him filing a motion and setting a hearing that i was never notified. Can i ask to move to stike this accusation in my morion to set aside or do i need to file a specific form?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If you are already moving to set aside what occurred at a hearing for which you were not given notice (I assume you are the one who asked about this yesterday), that is all you need to do.

You cannot get the court to strike previously-made accusations; if the court has ruled on this accusation, simply tell the court in any response to future motions (and at hearings) that the accusation has already been found, by the court, to be unfounded.

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