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`Filing # 205522168 E-Filed 08/26/2024 10:42:21 AM
`Filing # 205522168 E-Filed 08/26/2024 10:42:21 AM
`
`.
`
`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO.: 2021-013706 FC 04
`
`ULYSSES DIAZ DE VILLEGAS,
`Petitioner/Husband,
`
`and
`
`TIRZA DIAZ DE VILLEGAS,
`RespondeniMWife.
`
`And
`
`MICHAEL CALDERON,
`Third Party Defendant.
`
`|
`
`FORMER HUSBAND’S MOTION TO VACATE ORDER OF REFERRAL TO FAMILY COURT
`SERVICES AND FOR OTHER RELATED RELIEF
`
`PETITIONER/FORMER HUSBAND, ULYSSES DIAZ DE VILLEGAS, by and through his
`undersigned counsel, hereby files this, his Former Husband’s Motion to Vacate Order of Referral
`to FamilyCourt Services and for Other Related Relief, and in support states as follows:
`1°" This is a‘post-judgment enforcement action. The parties’ marriage was dissolved
`-—... -byway of-a- Final-Judgment for-Dissolution-ofMarriage, dated-July-18,2024, (hereinafter“Final
`Judgment’). There is one (1) minor child subject to this proceeding to wit: U.D.D.V., Jr., (DOB
`2013). Former Husband has sole, exclusive timesharing and sole decision-making authority.
`Former Wife has one hour of supervised, therapeutic timesharing. The Courtiis5well-versed|in
`the factual and procedural history of this;case.--
`~~
`
`~~~
`
`Companion case, 2022-015118-FC-04, a domestic violence action filed by Father
`2.
`against Mother, resulted in permanent injunction against Former Wife and in favor of Former
`Husband. Said injunction was entered indefinitely after a three 3-hour evidentiary hearing, at
`which Former Wife was represented by counsel. During the domestic violence hearing, Former
`Wife perjured herself and was impeached numerous times. Following the hearing, Former Wife
`has sought to modify/terminate/dissolve the injunction multiple times, and each of her requests
`have been denied. To this day, Motherclaims that the injunction was improperly entered,
`
`Following entry of the Final Judgment, Former Wife has engaged in increasingly
`3.
`aggressive, disruptive, confrontational and concerning behaviors. (Exhibit “A”}. Former Wife’s
`behavior is occurring in the presence of the Court — for instance, at the August 21, 2024, hearing,
`on various motions — and outside of its presence. Former Wife threatened the court-appointed
`Guardian Ad Litem, Sonja Jean, with ethics violations and bar complaints during the GAL’s
`investigation and thereafter. Former Wife threatened undersigned counsel with ethics violations
`and bar complainis during his representation of Former Husband. Most recently, Former Wife
`claims to have contacted the Federal Bureau Investigation against undersigned as well as the
`Florida Bar.
`
`Former Wife’s family members, a staple in this case and present during the five (5)
`4,
`day trial, have become more abusive toward Former Husband following the entry of the Final
`
`LAW OFFICE OF CHRISTOPHER W. RUMBOLD, PLLC
`21574 E, Commercial Bivd., Suite 2017, Fort Lauderdale, FL 33308 — T: 954.914.7866 | F: 954.908.7627 | E: service@cwriaw.net
`
`

`

`Diaz de Villegas v. Diaz de Villegas
`Former Husband’s Motion to Vacate Order of Referral to Family
`Court Services and for Other Related Relief
`
`Case No. 2021-013706 FC 04
`
`Judgment. For instance, Former Wife’s son, Adriel, has threatened Former Husband, resultingin
`Former Husband contacting law enforcement. Former Wife’s son, Adriel, recently texted Former
`Husband, “Sleep with one eye open faggot Turning our lives into hell You’re the biggest
`pussy’. Adriel went on to call Former Husband a “rat fuck”.
`(Exhibit “B”). Former Wife's
`witnesses were argumentative and unruly during deposition, just as they were in Court during
`trial. Former Wife claims she was and is unable to control her family members — no doubt she
`made little, if any, effort to do so.
`
`Former Wife has submitted multiple motions post-Final Judgment, many of which
`5.
`are procedurally inappropriate and time-barred. Former Husband has had no choice but to
`respond to same. Former Wife has submitted multiple emails to Court post-Final Judgment, with
`what she apparently believes is “evidence” that she did not submit at trial, or at any time during
`the pendencyof this action. For instance, Former Wife submitted to His Honor, via his Judicial
`Assistant, Genesis, videos of Former Husband for an arrest which did not result in a criminal
`conviction and which, critically, did not violate his probation (which was ultimately early
`terminated).
`
`FormerWife, in addition to claiming ethics violations, Florida Bar inquiries and an
`6.
`FBI investigation, has sent a barrage of emails to undersigned counsel, no less than 6-7 per day.
`Ms. Diaz has sent emails to undersigned counsel advising him to, “have the day [he] deserves.”
`Additionally, in an email dated August 22, 2024, at 11:24 am, Ms. Diaz wrote,
`
`“May the fullest extent of the law fall upon you’and your evil actions. ~~
`_._.| have only sent a video. of your client recorded of him committing ...__.
`several crimes with a monitor on his ankle. The reason you
`~ Tédactedyour initial contactwith yourclient’ You cantryand do
`what you need to do but JUSTICE FOR JR WILL BE SERVED!
`Have the day you deserve.
`
`Former Wife is dangerousand unwell — she seemstobe spiraling and digressing.
`7.
`Given her penchant for dishonesty, and her history of alarming, violent behaviors, Former
`Husband, and frankly his counsel, are concerned for the minor child’s safety.
`
`The Court recently, on August 22, 2024, entered its Order of Referral to Family
`8.
`Court Services for Former Wife to commence her one hour weekly of supervised, therapeutic
`timesharing. Former Husband is growing increasingly concerned that neither the court, nor the
`visitation supervisor, will be able to protect the minorchild from the Former Wife. {Exhibit “C”).
`
`This Court knows how detrimental Former Wife’s contact with the minor child has
`9.
`been — this Court found that Former Wife committed emotional abuse (within the meaning of
`Chapter 39) of the minor child. Additionally, as this Court well knows: 1) Former Wife has alleged
`that Former Husband kidnappedthe child; 2) she has interrogated the child about how he broke
`his leg — brittle from osteosarcoma — which Former Wife blamed on Former Husband; 3) she
`claims, without proof, that Former Husband was physically abusive; 4) she stated to the minor
`child, while she was drunk at the child’s football game, “remember who you are afraid off”; 5) she
`has marshalled and cajoled her entire family into hating Former Husband; 6) she chosetocall her
`daughter to testify against Former Husband; 7) she posted online negative comments about
`Former Husband; and 8) she is currently engaging in a smear campaign against Former Husband
`with the Court.
`
`LAW OFFICE OF CHRISTOPHER W. RUMBOLD, PLLC
`2154 E. Commercial Blvd., Suite 201, Fort Lauderdale, FL 33308 — T: 954.944.7866 | F: 954.908.7627 | E: service@owrlaw.net
`
`::
`|i3:
`ii
`f
`
`
`
`
`pyaonesakeen
`
`

`

`Diaz de Villegas v. Diaz de Villegas
`Former Husbana’s Motion io Vacate Order of Referral to Family
`Court Services and for Other Related Relief
`
`Case No. 2021-013706 FC 04
`
`Former Husband fears this Court, and any anticipated timesharing supervisor, will
`10.
`not be able to protect the child from Former Wife when the time comes for her to commence her
`supervised, timesharing. Former Wife has hurt the child before. Former Wife will hurt the child
`again. Wife does not care who she harmsin order to exact revenge on Former Husband. The
`Court is duty bound to protect and preserve the minorchild's best interests.
`
`Accordingly, Former Husband movesthis Court to vacate its Order of Referralto
`11.
`Family Court Services for Former Wife’s one hour weekly, supervised, therapeutic timesharing
`with the minor child and temporarily abate Former Wife’s supervised, therapeutic timesharing.
`
`Former Husband will file a Memorandum of Law in reasonable advance of any
`12.
`hearing on this motion.
`
`Former Husband notes that if the instant motion is granted, it will not be the first
`13.
`time that Former Wife's timesharing is terminated. For instance, this Court, during the pendency
`of the action,
`terminated Former Wife’s telephonic timesharing,
`terminated her in-person —
`timesharing, and terminated her Zoom therapeutic timesharing. Former Husband recognizesthat
`the relief requested herein is extreme, so too are the Former Wife’s behaviors that lay the
`predicate basis for such relief, which Former Husband maintains is reasonable and appropriate
`under the circumstances.
`
`14.
`
`Former Husband has incurred attorney's fees and costs.
`
`15.
`
`| Other grounds tobe argued ore tenus.__
`
`~~~"WHEREFORE, thePetitioner/Former Hasband; ULYSSES DIAZDEVILLEGAS,;moves"
`the Court for the following relief:
`
`A. ..
`
`-Entry.of an order.vacating the August 21,2024, Order of Referral.to Family Court
`
`-.-
`
`services;
`
`Entry of an order awarding Petitioner/Former Husband his reasonably incurred
`B.
`attorney's fees and costs; and
`
`C.
`
`Granting any and all additional or otherrelief deemed equitable and just.
`
`LAW OFFICE OF CHRISTGPHER W. RUMBOLD, PLLC
`2451 E, Commercial Bivd., Suite 204, Fort Lauderdale, FL 33308 — T: 954.914.7866 | F: 954.908.7627| E: service@cwriawnet
`
`
`
`

`

`Diaz de Villegas v. Diaz de Villegas
`Former Husband's Motion to Vacate Order of Referral to Family
`Court Services and for Other Related Relief
`
`Case No. 2021-013706 FC 04
`
`CERTIFICATE OF SERVICE
`
`WE HEREBY CERTIFYthat a true and correct copy of the foregoing was electronically
`furnished to Tirza Diaz De Villegas, 11014 Westwood Lake Drive, Miami, FL 33165 at
`igarc001@fiu.edu, Laura Davis Smith, Esq., at
`lds@dsandjlaw.com and Sonja Jean, Esq.,
`Guardian ad Litem, DAVIS SMITH & JEAN, LLC, 300 Sevilla Avenue, Suite 309, Coral Gables,
`FL 33134 at sj@dsandjlaw.com this
`ike- day of August, 2024.
`
`LAW OFFICE OF CHRISTOPHER W. RUMBOLD, PLLC
`2151 E. Commercial Blvd., Suite 204
`Fort Lauderdale, FL 33308
`Telephone: 954.914.7866
`Facsimile: 954.908.7627 ,
`E-Mail: servige@ewrlaw fet.
`
`iv
`anon
` By
`CHRISTOP 1ER
`FBN.: $8262.) i
`
`
`LAW OFFICE OF CHRISTOPHER W. RUMBOLD, PLLC
`2151 E. Commercial Blyd., Suite 201, Fort Lauderdale, FL 33308 — T: 954.914.7866 | F: 954.908.7627 | E: service@cwriaw.net
`
`
`
`
`
`
`
`

`

`prescribed medications with doses of medical marijuana. There was also testimony
`
`about the mother being drunk on a boat when she was supposedto be caring for
`
`Junior and being drunk for a facetime call with Junior. There was no evidence any of
`
`this affected Junior, however, so the Court does not include this evidence, or any
`
`findings on this factor, in its analysis.
`
`(t) The capacity and disposition of each parent to protect the childfrom the
`ongoing litigation as demonstrated by not discussing the litigation with the
`child, not sharing documents or electronic media related to the litigation with
`the child, and refrainingfrom disparaging comments about the other parent to
`the child.
`
`This factor overwhelmingly favors the father. The mother’s interrogation of the child
`
`Page 17 of 25
`
`(s) The developmental stages and needs ofthe child and the demonstrated
`capacity and disposition ofeach parent to meetthe child’s developmental
`needs.
`
`There was no evidence presented on this factor.
`
`is relevant to the determination of a specific
`(t) Any other factor that
`parentingplan, including the time-sharing schedule.
`
`Noother factors were considered.
`
`The father shall have 100% timesharing. The mother shall have therapeutic
`
`Case No: 2021-013706-FC-04
`
`

`

`supervised timesharing no more than one hour per session and no more than one
`
`session per week. The mother shall bear the expense of this supervision. The
`
`supervisor must be presented with a copy of the Guardian ad Litem’s report, Dr.
`
`Arbaje’s evaluation, and this final judgment before commencing supervised sessions.
`
`While the mother is engaging in this therapeutic supervised timesharing, the mother
`
`must also continue to participate herself in individual weekly cognitive behavioral
`
`therapy or dialectical behavioral therapy sessions. The mother’s therapy must
`
`continue for at least year from the date ofthis final judgment. ‘The mothershall bear
`
`the expenseofthis therapy. The mother’s therapy must continue before she files any
`
`request for additional timesharing. The mother must demonstrate she has learned
`empathy. This is the only way she can develop ahealthy relationship with Junior in
`
`the future. “—--—--~ ee
`
`Equitable Distribution
`
`The only substantial asset of the marriage is a house owned by the father and
`
`the third-party defendant, Michael Calderon. It was purchased during the marriage
`
`and is titled only in the nameofthe father and Mr. Calderon. Mr. Calderon provided
`
`$272,000 for the downpayment. There is no mortgage. Testimony established that
`
`two appraisals were performed on the house and the values suggested were between
`
`$650,000 and $800,000. The Court values the house at $$725,000 (the average of the
`
`range in the appraisals). The mother now resides in the house and has done so
`
`continuously. The mother has not maintained the house, despite her occupancy. She
`
`has not paid real estate taxes, for example, despite her assertion in deposition that she
`
`Case No: 2021-013706-FC-04
`
`Page 18 of 25
`
`
`
`

`

`Filing # 203157138 E-Filed 07/23/2024 03:05:00 PM
`
`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO,: 2021-013706 FC 04
`
`ULYSSES DIAZ DE VILLEGAS,
`Petitioner/Husband,
`
`and
`
`TIRZA DIAZ DE VILLEGAS,
`Respondent/Wife.
`
`i
`
`NOTICE OF FILING: THREATENING TEXT MESSAGES’
`
`PETITIONER/HUSBAND, ULYSSES DIAZ DE VILLEGAS, by and through his
`undersigned counsel hereby gives notice of fillng threatening text messages from Wife's son,
`Adriel Garcia Ramirez.
`
`CERTIFICATE OF SERVICE
`
`2151 E. Commercial Bivd., Suite 201
`
`WE HEREBYCERTIFYthata true and correct copyofthe foregoing was electronically
`furnished toTirza Diaz DeVillegas, 11014 Westwood Lake Drive, Miami, FL 33165 at
`oo
`otarc001 @fiu-edu and-SonaJean, Esq:Guardian ad Litem,DAVIS SMITH& JEAN, LLC, 300°-——--
`
`Sevilla Avenue, Suite 309, Coral Gables, FL 33134 at si@dsandilaw.com this eeNay of
`
`July, 2024.
`
`me Dee LAWOFFICE-OF CHRISTOPHER W. RUMBOLD, PLLC-
`
`' Transmitted to Former Husband by Adriael Garcia Ramirez, Former Wife’s Non-Marital son.
`
`LAW OFFICE OF CHRISTOPHER W. RUMBOLOD, PLLC
`2164 E. Commercial Blvd, Suite 201, Fort Lauderdale, FL 33308 — T: 954,914,7866 | F: 954.908.7627 | E: service@ewraw.net
`
`

`

`cil Gc: em
`
`pp
`
`adrielgerciaramirez7@gmalcccom>
`
`iMessage
`Yesterday 10:07PM
`
`Sleep.with0oneeyeopen.
`faggot
`SS
`Turningallicirivesiii
`You'rethe biggest pussy12° *
`_ Edited—~
`.os .
`a“shownme.theTapa50msong— eens a one —
`
`~wherehedoesthis ~
`
`shitsactually irinsane.cause.
`you,wanted to.fuckawhite
`chick:You!could've.done.that
`andleftus.atpeaceyou¥weird
`psychofuck :
`wi TADS
`
`The senderis not in your contactlist.
`Report Junk
`
`+. ' iMessage
`
`
`
`

`

`Filing # 205257223 E-Filed 08/21/2024 02:43:44 PM
`
`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
`CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO: 2021-013706-FC-04
`SECTION: FC206
`JUDGE: Scott M. Bernstein
`
`Diaz De Villegas, Ulysses
`
`Petitioner(s)
`
`vs.
`
`Diaz De Villegas, Tirza
`
`Respondent(s)
`
`/
`
`ORDER OF REFERRAL TO FAMILY COURT SERVICES
`
`THIS CAUSE came before this Court on August 2ist, 2024. There are children at issue
`whoselives will be affected by these proceedings and the Court, having reviewedthefile, finds that
`~~ it is in the child/ren’s bestinterest that the partiésfind a resolution. Therefore, pursuant to Chapter -
`61 of the Florida. Statutes, THE ABOVE-REFERENCED PARTIES ARE ORDERED. TO
`CONTACT FAMILY COURTSERVICES WITHINTEN (10)BUSINESSDAYS OF THE.
`DATE OF THIS ORDER:
`
`
`
`FAMILY COURT SERVICES
`
`
`~~LAWSONE.THOMAS COURTHOUSE CENTER
`
`
`175 NW 1ST AVENUE,SUITE 1503, MIAMI, FLORIDA 33128
`PHONE:(305) 349-5568 # FAX:(305) 349-5634 e EMAIL: FCSRequest@jud[1fleourts.org
`f
`
`
`
`initial data,
`Parties must contact Family Court Services for the purpose of providing essential
`arranging appointments, and/or receiving their court-ordered referrals. Parties can contact the office
`by telephone, by email, by fax, or by visiting the office in-person.
`
`Family Court Services will provide the Court and all parties with a Compliance Report and
`frequent updates as to the progress of the services checked off below, including but notlimited to,
`reports issued by any community providers.
`
`These reports may be admitted into evidence subject to discovery requirements. Any and all
`statements and/or disclosures made to Family Court Services, whether deemed relevant or not to
`the overall purpose ofthis referral, are not confidential and, consequently, may be reported to the
`Court.
`
`Case No: 2021-013706-FC-04
`
`Page 1 of 4
`
`
`
`
`

`

`
`
`PARTIES ARE HEREBY ORDERED TO THE FOLLOWING:
`IN-HOUSE SERVICES:
`I] Alienation/Reunification Intervention
`1 Crisis Intervention
`[| Child/Family Assistance
`[1 Co-Parenting
`Il] Time-Sharing Schedule/Issues
`[1 Online Parenting App fer Communication (scholarship program available;
`only)
`M1 Parenting Coordination(limited to 6 sessions; indigent parties only)
`[1 Marital Reconciliation
`I] Supervised Visitation between SELECT ONE and minorchild/ren (one hour per week for 12
`weeks)
`I] Held via Zoom
`[| Held In-Person
`PT Monitored Exchange of minor child/ren
`
`indigent parties
`
`a
`
`-
`
`wee -
`
`SERVICES BY COMMUNITY PROVIDERS:
`TT Anger Management:
`[1 Bridging Families and Communities (BFC)
`. [2] Extended Co-~Parenting (held jointly with both.thparties)
`|mM Family Counseling: —
`~~ F] Reunification Intervention Required
`~TTIndividualCounseling:
`__
`1 Parenting Class:
`[1 Parenting Coordination (Supplemental Order Required)
`-[-]-Paternity Test:
`~~ -
`--
`[| Social Investigation (Supplemental Order Required)
`[1 Substance Abuse Counseling:
`1] Substance Abuse Evaluation:
`[1] Substance Abuse Testing through Hair Follicle:
`"| Supervised Visitation:
`¥1 Therapeutic Supervised Visitation: for mother
`
`EVALUATION:
`[1 Psychological Evaluation:
`[| Mental health condition in controversy
`F] Good cause shown
`1 Psychiatric Evaluation:
`[1 Mental health condition in controversy
`[1 Good cause shown
`
`Case No: 202 1-013706-FC-04
`
`Page 2 of 4
`
`

`

`ISSUES TO BE ADDRESSED BY EVALUATOR:
`
`
`
`
`
`The Court has further determined that payment for court ordered-referral shail be:
`1 borne equally by the parties
`F1 borne by the Petitioner/waived as to Respondent
`I] borne by the Respondent/waivedas to Petitioner
`F] Other:
`
`ADDITIONAL INFORMATION(Specific Referral Instructions, Targeted Questions, Issues to be
`Addressed):
`
`Language preferred:
`[1 Spanish F1 Creole [1 Other:
`
`Next Hearing Date:
`
`DONE and ORDEREDin Chambers at Miami-Dade County, Florida on this 21st day ofAugust, —
`2024,
`~
`
`a ~~
`
`“ee
`
`~-
`
`2021-013706-FC-0408-21-2024 2:28 PMO
`Hon. Scott M. Bernstein
`
`
`
`CIRCUIT COURT JUDGE
`Electronically Signed
`
`
` No Further Judicial Action Required on THIS MOTION
` | CLERK TO RECLOSE CASE IF POST JUDGMENT
`
`Case No: 2021-613706-FC-04
`
`Page 3 of 4
`
`
`
`
`
`

`

`
`
`
`|
`
`:
`
`If you are a person with a disability who needs any accommodation in order to
`participate in this proceeding, you are entitled, at no cost
`to you,
`to the
`provision of certain assistance. Please contact Aliean Simpkins, the Eleventh
`Judicial Circuit Court's ADA Coordinater, Lawson E. Thomas Courthouse
`Center, 175 NW Ist Ave., Suite 2400, Miami, FL 33128, Telephone (305) 349-
`7175; TDD (305) 349-7174, Fax (305) 349-7355, Email: ADA@jud11.ficourts.org
`at least seven (7) days before your scheduled court appearance, or immediately
`upon receiving this notification if the time before the scheduled appearance is
`Jess than seven (7) days; if you are hearing or voice impaired,call 711.
`
`Electronically Served:
`Alyssa Salbe, abs@cwrlaw.net
`Annalie Alvarez, Annaliealvarezesq@gmail.com
`Annalie Alvarez, Eserviceaa@gmail.com
`Christopher W. Rumbold, service@cwrlaw.net
`Christopher W. Rumbold, cwr@cwrlaw.net
`Christopher W. Rumbold, ymv@cwrlaw.net
`Genesis Eras, geras@jud11.flcourts.org
`John Robert Dennis, dennisfamilyliaw@gmail.com
`—_—
`John Robert Dennis, rdennis@dennisfamilylaw.com
`_ JudgeGéorge A. Sarduy, 11thFC16@jud11 flcourts.org __...
`Laura Davis Smith, LDS@DSandJLaw.com
`“LauraDavis Smith,lauradavissmith@me.com=
`Mediation Unit, valicea@jud1 1 flcourts.org
`Michael Calderon, mikeecalderon@gmail.com
`_.. Michael Eduardo Calderon, Mikeecalderon@gmail.com
`Patricio L. Cordero, NoReplyService@PCorderoLaw.com
`Patricio L Cordero, NoReplyService@PCorderoLaw.com
`Sonja Jean, sj@dsandjlaw.com
`Sonja Jean, jean_sonja@yahoo.com
`TD Bank, N.A., GSLSubpoenas@td.com
`Tirza Diaz De Villegas, tgarc001@fiu.edu
`Tirza Diaz Villegas, Tgarc001@fiu.edu _
`Valeska Casanova-Chacon, valeska@fipfi.com
`Valeska Casanova-Chacon, eservice@flpfl.com
`Valeska Casanova-Chacon, samah@flpfl.com
`jeremy lozada, jeremylozada@lifehealthsystems.org
`
`Physically Served:
`
`Son
`
`ce
`
`oo
`
`vie ee
`
`Case No: 2021-013706-FC-04
`
`Page 4 of 4
`
`