Can A Parent Refuse To Return A Child After Vacation Time In Florida?
Parenting plans aim at providing a stable environment for the kids while making sure that both parents get a substantial amount of quality time with their children. Vacation plans are usually part of the parenting plan, enabling parents to bond with their kids during the summer or holiday periods. What happens, however, if one parent doesn’t bring the child back at the end of the vacation?
Failure to adhere to the timesharing plan in Florida might have some serious legal implications. It is important to understand your rights and obligations regarding the same.
Parenting plans are court orders
When a Florida parenting plan is sanctioned by the court, it means that it is more than a mere guideline or suggestion; it’s a binding court order. This usually includes when timesharing happens, where pick-ups take place, and what happens on holidays and vacation time.
Disobeying the court order is a problem if the other party purposely fails to bring the child back from vacation. Although they might think there is something compelling them, taking matters into their own hands can create more legal problems.
Parents must never decide to extend vacation time without approval from both parents or the court.
What if there is a genuine emergency?
However, there are instances when it would be acceptable to delay a child’s term. Some examples include weather that makes travel hazardous, a medical emergency, and unforeseen travel complications.
When something of this nature happens, it is important for a parent to communicate. This means informing the other parent about what happened and showing proof when necessary. The courts usually differentiate between a genuine emergency and a willful violation of the parenting schedule.
Legal remedies for the other parent
When the parent does not want to return the child to the other parent for illegitimate reasons, there are a number of legal options available to the other parent. This may require them to seek a hearing from the court to enforce the original parenting agreement.
The parent may be ordered to return the child at once, or he may be ordered to make up for lost timesharing of the child, or even be found in contempt of court. In some cases, repeated violations may affect future custody or timesharing because the court feels the parent does not want their child to have a relationship with the other parent.
Avoid taking matters into your own hands
When your ex-spouse refuses to give you back your child, it might be easy to retaliate by not allowing the timesharing to occur in the future. The problem there is that this will most likely just lead to more problems and could even leave you violating the very court order you’re attempting to enforce.
Instead, gather evidence of the missed timesharing and consult with a good family law lawyer.
Talk to a Tampa, FL, Child Custody Lawyer Today
Faulkner Law Group, PLLC, represents the interests of Tampa parents during custody disputes. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next moves right away.
