What can I do when ex didn't give me itinerary before 7 days (per parenting plan)
3 attorney answers
Yes you can file a motion for contempt and you could also file a supplemental petition to modify time sharing if you can show a substantial change of circumstances and him not abiding by the agreement is a factor the court looks at. You need to contact an attorney asap to get the process started. #servingtheone
My response to your question is not intended to create any attorney-client relationship. My response to your question is based on the limited facts given in your question and should not be relied on as legal advice. I submitted it to provide you a general understanding of the law, not to provide you specific legal advice. I highly recommend that you consult with an attorney before taking any action based on your question or my response to your question.
I agree that you should be cautious about simply refusing to give him the child for the scheduled timesharing. This would mean you would also be in violation of the Court's previous Order(s) and this will harm your case. I would advise you to file a Motion To Enforce to ask the Court to require him to comply with the requirement to give you the proper notice before out of state travel. The Court could be asked to place in the Order certain conditions, such as him losing his timesharing if he does not give the proper advance notice. I would also advise you to retain a qualified local attorney to help you through this situation so that you can get the best possible outcome.
If your ex has refused to abide by the terms of the Parenting Plan, and that Parenting Plan has been approved by the Court, you can file a Motion for Contempt and Enforcement. The Court as a sanction could enjoin him from taking the children out of Florida in the future, based on the continued disregard for the Court's order. I would be cautious about denying him contact, because the Court could view that both of you disregarding the terms of the Parenting Plan. However, if your Parenting Plan specifies that as a condition of traveling with the kids, he has to provide you a detailed itinerary, then you may be within your right to refuse to allow the children to go.
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