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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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Non custodial parent refusing to take her kids age 15 and 16

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Non custodial parent refusing to take her kids age 15 and 16 with her the whole summer she's out of state and we have them all school year can she just refuse to keep the whole summer with a court order in place and send them back on a plane early without custodial parent agreeing?
I'm a Florida family law attorney and I'd be happy to help. First, can you tell me the specific language of the "order" that is in place? Thank you.
Customer: replied 4 years ago.

The following is the minimum contact schedule beginning summer 2008 mother shall have the summer from weekend that school let's out until 2 weeks before school begins each year which shall be spent with the father. This is located on mediation agreement exhibit B titled parenting and contact schedule with a parent out of state. Last section states any other contact as mutually agreed upon both parties. This page was initialed by both parents.

From a legal standpoint, the mother needs to keep the children. What some parents fail to realize is that the visitation is not only for their benefit, it is also for the benefit of the other parent as well as it allows that parent to plan some time to do things without the children. Additionally, it also has a financial impact as she is supposed to be financially responsible for them while in her care.


You might consider letting her know that this is time that she is required to be responsible for the children. Additionally, you could let her know that, if she returns the children, you will file a motion for contempt and enforcement whereby you will request that she be held in contempt, ordered to pay additional child support and ordered to pay whatever other costs you may have incurred for her failure to abide by the agreement. Then, of course, if she follows through, you would need to be prepared to do the same.


As a note, if I'm understanding it correctly, the mother resides out of state. If so, then litigating even a simple motion would be difficult and expensive for her. Meaning, she has extra incentive to comply.

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