Non ordered but filed Supplemental Responsibility, Visitation or Parenting Plan / Time Sharing Schedule and Other Relief valid?

Asked about 1 year ago - Boca Raton, FL

Recently my ex-husband and I agreed via email and a filed Supplemental Responsibility, Visitation or Parenting Plan / Time Sharing Schedule and Other Relief form with the Broward County Family Court to change our existing court ordered child care agreement and have been acting under the agreed upon change for 4 months now. We did not go to the court hearing for the filed change and instead operated under the change we agreed to. Is the change we filed valid because we have been operating under it? Can I deny a request for additional time thus forcing a new court hearing. What would he have to do to gain more time based on the written change of the agreement and filing?

Attorney answers (3)

  1. William Charles Rosenfelt

    Contributor Level 20

    4

    Lawyers agree

    Answered . I would file this under the category of "Good job" but you need to follow things through better or operate at your own peril. There is not enough information provided to determine what, if anything other than your agreement between you, is legally governing your time-sharing. As such, it is important to make sure to pull the entire file and see what the disposition of everything is. The fact that you've been operating under an agreed schedule might help support your position if there is not an order ratifying it entered, however, the judge would look at other factors, too. You really need to consult with a qualified family law attorney and have the entire thing vetted, in my opinion. Good luck to you.

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
  2. Daniel A. Bachert

    Contributor Level 14

    2

    Lawyers agree

    Answered . Until such time as an order is issued from the court adopting the changes in the parenting plan that your and your ex-husband submitted there is no enforceable agreement. What should have been submitted to to the court and not just filed with the clerk would have been an Agreed Order Modifying Parenting Plan ...etc. Don't look for a form, there isn't one. From a logistical standpoint if one of you were now seeking to enforce the agreement made and the other refused to do so the proper action would be to file a Supplemental Petition for Modification citing to the actual change in time sharing that has been in place as well as the previously filed agreement as proof of a change in circumstances supporting the changes requested in the Supplemental Petition for Modification.

    Initially, this would have been a very simple matter that would have taken an experienced family law attorney a few hours to complete. Obtaining the same result now will, in all likelihood, take much more time and effort.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a... more
  3. Eileen D. Jacobs

    Contributor Level 14

    Answered . Until there is a court order that confirms your agreement, you are not in a position to have the court enforce your agreement. And there is a court order that confirms a prior agreement, which means that in the event of a dispute, there would be substantial difficulties.

    Your question is not clear as to whether you are in favor of the new parenting plan or whether you have changed your mind. In either case, whoever is proposing the new parenting plan should submit the plan to the court with a confirming order. If you no longer are in agreement with the new plan, then could go back to the court order, which would result in the other party seeking a hearing to establish or enforce the new agreement. This would give each of you the opportunity to argue your respective position to the court.

    Due to the unorthodox nature of the procedure in your case, you should consult with an experienced family law attorney. There are many good ones in your area who offer a free or low cost initial consultation.

    The above post is not intended as specific legal advice, since not all pertinent facts are known to the posting attorney. This answer does not constitute legal advice or create an attorney-client relationship.

    Eileen D. Jacobs, Esq.
    Office: 2505 W. Virginia Avenue
    Tampa, FL 33607
    (813) 877-9600
    Mailing: P.O. Box 14953
    Clearwater, Florida 33766-4953
    (727) 787-6595

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