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Violation of Parenting Plan

Discussion in 'Other Family Law Matters' started by Brad99, Feb 26, 2020.

  1. Brad99

    Brad99 Law Topic Starter New Member

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    Jurisdiction:
    Florida
    A mom I know just violated her parenting plan. She did not give proper notice and took the child out of state last minute without thinking she would get caught. She also multiple time has not answered the phone during the fathers call to speak to child time. The father is perusing legal action and is very upset.

    The breaking out of state with no notice is obvious. The phone calls i'm not so sure as the word "may" made it unclear to me. It reads in the parenting plan:
    The child may have telephone and e-mail communication with the other parent anytime
    not to exceed one time per day. On non-holiday days, these calls shall be between (omitted)
    p.m. and (omitted).

    Does this require the mom to answer the phone for the father between these times or does "may" refer to the father "may" call between these times?

    Now after being impulsive I told her there could be serious consequences. Am I correct or is it no big deal? I'm sure her biggest worry is losing custody or being the primary caretaker of the child. Any input would be appreciated. I do not want to stress her out over something I don't know. I myself think she put herself in a legal mess. Thank you in advance for any input.
     
  2. Zigner

    Zigner Well-Known Member

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    It would be great if one of the legally involved parties were to log in here to ask their own questions about their own legal matter.

    FWIW, I doubt that mom is restricted from traveling to another state (although, it is possible). More likely, mom is restricted from relocating the residence of the child to another state.
     
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  3. Brad99

    Brad99 Law Topic Starter New Member

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    I understand. She asked me to do it for her.
    Parenting plan says:
    For any out of state travel, the traveling parent shall provide the other parent with
    an itinerary and contact information during travel no less than seven (7) days before the out of state travel
     
  4. P1776

    P1776 Member

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    Being right isn't always right long term.
    If she left the state and came right back without interfering with the dad's time it could be wise to let it go.
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

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    These are issues that should FIRST be discussed by the parents! If no solution then it can be taken up in court. It would also be wise to have the actual party post rather than third party.

     
  6. Brad99

    Brad99 Law Topic Starter New Member

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    She did not interfere with the dads time. The dads just in my opinion a troublemaker and has been for years. The parents do not get along at all unfortunately. Dad always threatens court and follows through. Now shes all curled up in a ball worried and figured I would ask on the forum. Told her I would try to look into for her.
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    If either parent is in violation of a court ordered parenting plan then the solution is court if the two cannot resolve this themselves like adults
     
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  8. justblue

    justblue Well-Known Member

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    If you want to give her some good advice, remind her she is a parent and doesn't have the luxury of "curling up in a ball" like a 13 year old worried Mom and Dad are gonna find out she skipped school. She needs to grow up and face her parenting issues head-on like an adult. She should be posting for herself.
     
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  9. zddoodah

    zddoodah Well-Known Member

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    As phrased, no, but that's clearly the spirit of the order. If the father ever took the matter to the court, I wouldn't be surprised if the court modified the order to require her to take the calls.

    As phrased, I think you're correct, but the words "could be" are the most important.

    Your friend should seek legal advice, and you should let her handle your own business.

    It is very common for divorce decrees/custody orders to prohibit either parent from taking the minor child out of the state without notice to the other parent and either a court order or the other parent's written consent.

    Well...she admittedly violated the order by taking the kid out of state without notice and is violating at least the spirit of the order by not allowing the phone contact. She can avoid further worry by changing her admittedly wrongful behavior: by not knowingly violating the court's order and by allowing the phone contact. It's pretty simple, and should be done regardless of whether or not she gets along with the father.
     
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  10. Zigner

    Zigner Well-Known Member

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    I will agree that relocating the child out of state without notice/permission/court order is a very common requirement. A prohibition on a short visit out of state...not so much.
     
    Last edited: Feb 26, 2020
    army judge likes this.
  11. P1776

    P1776 Member

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    Interesting advice from the parenting police

    From a practical stand point, sounds like she violated the marital separation agreement but i doubt if the Judge will change anything the fist time
     
    Last edited: Feb 26, 2020
  12. justblue

    justblue Well-Known Member

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    Do you consider "curling up in a ball" to be a wise choice for a parent to make when facing contempt of court hearing? Perhaps OP should go to court for the mother because dealing with life is just do darn hard for her!! :rolleyes:
     
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  13. P1776

    P1776 Member

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    I didn't say i disagree with your point of view, but i don't see the point of sounding like an old man telling someone to get off your lawn.......
     
  14. justblue

    justblue Well-Known Member

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    Is that how you read it??? Truly? Because I meant to "sound like" a mother telling a legal stranger to go tell the immature mother curled up in a ball to get off her ass and deal with reality.


    heh...I guess I will have to work on making myself more clear in the future. ;)
     
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  15. army judge

    army judge Super Moderator

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    As an old man, you've never impressed me as anything other than a very genteel lady of the feminine gender.
     
  16. justblue

    justblue Well-Known Member

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    You're sweet southern charmer, Army Judge!! I don't think those that KMIRL would call me "genteel".. No...not a Melanie Hamilton kinda gal. Too blunt. Too potty mouthed.
     
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  17. leslie82

    leslie82 Well-Known Member

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    Are you the father? If no, then you have no legal bearing in this case. The father needs to create an account and ask any questions.

    You need to see your way out of their parenting issues. Even if you're a stepparent. It's not your lane. If you want to help the father hire a lawyer, you can do that.
     
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  18. leslie82

    leslie82 Well-Known Member

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    If she's so concerned SHE needs to take this matter into her hands and ask the questions. Not you.

    Did she provide the other parent with an itinerary no less than 7 days prior to the out of state travel? If yes, no problem. If no, possible issue.

    Very hard to prove that she purposely ignored calls from the father. If it is a consistent issue, and the call time between father and child is in the parenting plan or decree, then she has to let the kid talk to the father. If it's not in any order, she doesn't have to answer but it would be smart to do so.

    Why can't people just be adults when they are parents? The mother in this case needs to follow the parenting plan SHE signed and agreed to or modify it.
     
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  19. Zigner

    Zigner Well-Known Member

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    I should have pointed out previously that this clause does not prevent mom from traveling out of state with the child, nor does it even require dad's permission. If dad takes this to court, at best (for the dad), mom will be lightly reprimanded and told not to do it again.
     
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  20. Brad99

    Brad99 Law Topic Starter New Member

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    No i'm not the father. I would love to stay out of the issues however my wife looks to me for help and giving her the "hand" this your problem causes worse drama. Just want to help her or else i certainty hear about how im not helping if I cared.
     

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