Not likely, that provision is placed into MSAs for instances you just described. If you wish to seek to have it removed you will need to file a Petition for Modification allege and prove a substantial, unanticipated change in circumstances that would justify the modification you are seeking and prove that the modification will be in the best interest of the children.
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 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.
As it is written in your MSA it stands. The problem is that when you are at work, the non custodial parent should be with the children. This is called the first right of refusal. However, if this presents a problem for you, you can certainly petition the court for a modification of your final judgement which incorporates the MSA.
I agree with the answers posted above. Always remember that the burden on the parent trying to prove a substantial change in circumstances is very difficult. A hassle will not cut it. The provision in the MSA has less to do with who is watching the kids and more to do with the right of first refusal.
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