By Richard Danielson, Times Staff Writer
Wednesday, September 1, 2010
TAMPA — John and Lynn France, the estranged couple who landed in headlines via stunning Facebook discoveries, accusations of bigamy and dueling Today show appearances, soon could be headed someplace more mundane: court-ordered mediation.
That's could be, because attorneys for the Frances do not agree whether their differences should be litigated in Ohio, her home, or Florida, where he lives.
"I want to see my kids," Lynn France said between sobs after a court hearing Wednesday. "I haven't seen them in four months."
Hillsborough Circuit Judge Emily Peacock ordered mediation after lawyers said they could not agree how to let both parents see the couple's two young sons while litigation is pending.
The Frances landed on Today last month when Lynn France, 41, described to viewers how she discovered on Facebook that her husband had a separate life with a new bride in Florida.
John France, 63, who lives in New Tampa, went to Hillsborough court in March to seek paternity and to set up a parenting plan for the boys, who are 2 and 3. John France and his attorney, Gary Williams of Clearwater, contend that Lynn France knew she wasn't legally married to John. The couple had a lavish wedding in Italy, but the license was never filed, he has said.
But Lynn France and her attorney, Andrew Zashin, say evidence establishes that the couple is legally married.
Lynn France filed for divorce in Ohio in May. A judge there decided Florida had jurisdiction, but her attorneys are pursuing an appeal, and they expect matters to end up in a courthouse in Ohio, Zashin said.
Williams said John France has repeatedly offered to let Lynn spend time with the boys, even to pay for the visit to Florida.
Zashin said Lynn France must be careful not to take any action — such as entering into a visitation agreement — that could subject her case to the jurisdiction of a court in Florida. He doubts the mediation will even take place because he expects an Ohio court to establish jurisdiction first.
If it does, Peacock said, she'll stay proceedings.
Times researcher John Martin contributed to this report.
