Miami family law attorney blog
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Contempt of Florida Parenting Plan
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent be held in contempt for attending a child’s extracurricular activities on days that the parent does not have time-sharing? The answer depends on what the parenting plan says. Most parenting plans do not prohibit a parent from doing this. This was an issue in the case Izard v. Bois, 4D2023-2502 (Fla. 4th DCA July 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens when a judge’s written ruling does not match the judge’s oral ruling in a Florida family law case? Usually, a judge will orally announce a ruling at a hearing to the parties and then a written order documenting the ruling will be entered later. Inconsistencies between the oral and written orders were an issue in the case Silver v. Goodrich, 4D2024-0259 (Fla. 4th DCA June 5, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Criminal penalties can sometimes be levied in Florida family law cases. These are usually the result of indirect criminal contempt proceedings. How is a request for attorney’s fees and costs determined in indirect criminal contempt proceedings in a Florida family law case? This was an issue in Burlinson v. Wilson, 4D2023-0464 (Fla. 4th DCA June 5 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a guardian ad litem in a Florida child custody case determine what the parenting plan will be? Guardians ad litem play an important role in helping a court understand what issues are present between parties and the best interest of a child. But the court cannot delegate its decision-making to the guardian. This was an issue in Merlihan v. Skinner, 4D2022-2079 (Fla. 4th DCA March 13, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when an issue is “tried by consent” in a Florida family law case? This means that although an issue was not brought up in a motion or pleading, the parties agreed for it to be determined at a hearing because they did not object when the issue was discussed at the hearing. Trial by consent was one matter covered in the case Nasef v. Eddy, 4D22-3046 (Fla. 4th DCA July 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Make-up timesharing can be awarded to a parent who successfully proves that the other parent wrongfully withheld time-sharing. This is authorized by the Florida Statutes in addition to other remedies. This was an issue in the case Eadie v. Gillis, 5D22-2732 (Fla. 5th DCA June 16, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent be held in contempt of a Florida child custody order if there are conflicting orders concerning the exchange of the child? In order to be held in a contempt, the terms of the order at issue must be clear and concise in stating what a party can or cannot do. An unclear or contradicting order may be insufficient to hold a party in contempt. This was an issue in the case Varner v. Varner, 5D23-107 (Fla. 5th DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a person is held in contempt of a Florida family law order, what are the person’s remedies? A finding of contempt usually requires that the court make other findings supporting the conclusion that a person is in contempt of a court order. A challenge to a contempt order was an issue in the case Walker v. Wallace, 4D22-1665 (Fla. 4th DCA February 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wrongfully withholds court-ordered time-sharing from the other parent, the Florida statutes authorize a family court to award make-up time-sharing to the parent who was denied visits. Is a court required to award make-up time-sharing in an amount equal to the time missed? This was an issue in the case Spann v. Payne, 1D21-2323 (Fla. 1st DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent is not following a Florida parenting plan, can the court change the plan? Under certain circumstances, a parenting plan can be amended when it is not being abided by. This was an issue in the case Bruno v. Moreno, 2D20-3172 (Fla. 2d DCA August 25, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents cannot agree on a school in which to enroll their child, how does the court decide what is in the best interest of the child? The school boundary determination or designation is usually included in a Florida parenting plan. This is a statement of which parent’s address will be used to register the child for school. But if this is missing, or the parents ultimately do not agree before a parenting plan is entered, the court considers the best interest of the child. This was an issue in the case Velez v. Lafontaine, 5D20-2350 (Fla. 5th DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent refuses to follow a parenting plan, can a court change custody as part of holding that parent in contempt? The answer depends on if certain procedural requirements have been met. This was an issue in the case J.G.J. v. J.H., 2D20-127 (Fla. 2d DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent may be held in contempt of a Florida parenting plan if he or she is willfully refusing to follow its terms. To show that a parent is intentionally refusing to abide by a court-ordered parenting plan, one requirement is that the court-ordered plan have clear and concise terms. This is illustrated in the case Lynne v. Landsman, 1D20-350 (Fla. 1st DCA November 4, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
After the entry of a Florida parenting plan, when either or both parents fail to follow the plan, post-judgment litigation can occur. When a parent files a motion for contempt of a parenting plan, the court must examine whether or not there is competent, substantial evidence to support a finding of contempt. This was the issue in the case Wolf v. Wolf, 2D18-1645 (Fla. 2d DCA March 18, 2020).
