Non ordered but filed Supplemental Responsibility, Visitation or Parenting Plan / Time Sharing Schedule and Other Relief valid?
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?
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
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.
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.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
Please be aware and advised that this public forum is designed to provide only general information, to give you a... more
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
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
Mailing: P.O. Box 14953
Clearwater, Florida 33766-4953