Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party willfully refuses to follow a court order, that party may be held in contempt by the court. Contempt carries the possibility of punishment ranging from monetary fines to incarceration. A father who refused to surrender his child’s passport to the mother of the child in violation of a court order was the subject of the case Harrington v. Pospishil, 4D20-891 (Fla. 4th DCA February 17, 2021).
The parties’ settlement agreement obligated the parties to deliver their child’s passport to the other parent, but the appellate opinion does not state the specific language contained in the agreement on this matter. The former husband apparently failed to provide the passport when the former wife requested it, so she filed a motion for contempt. The trial court found the former husband to be in contempt and entered an order with a purge provision which stated the former husband was required “‘to comply with Former Wife’s prospective written requests for the minor child’s passport and produce same to the Former Wife within 48 hours of her request,’ or the court may consider it grounds to modify the agreement.” The former husband appealed, arguing the purge provision impermissibly modified their settlement agreement by failing to include the requirement that the former wife’s request be reasonable. The former husband also appealed the finding of contempt against him.
The appellate court found there was substantial, competent evidence to support the finding the former husband willfully refused to give the former wife the passport. The appellate court also found there was no improper modification of the parties’ agreement, holding “We do not conclude that the court was modifying the agreement and removing the requirement of reasonableness of the request. It was merely requiring strict compliance with the provision, as the trial court found that Former Husband had unreasonably withheld the passport.”
Schedule a consultation with a Miami child custody lawyer to understand how the law may apply to your case.