I'm not sure if you can. It related to family law and modification of time-sharing. I divorced in March 2015 via MSA. My MSA contained a provision in it that stipulated that if my ex-husband "continuously and timely exercised his time sharing for a period of six consecutive months" he could step up to 50/50 time-sharing. During that period he missed 46 percent of his time, and he (a year later) filed a motion for contempt, claiming that he had complied with the MSA and I had denied 50/50.
JA: Because laws vary from place to place, can you tell me what state this is in?
JA: Has anything been filed or reported?
Customer: Yes. I had a hearing on Thursday. The judge decided that, even though he missed 46 percent of his time, that he had "substantially complied" with the MSA, and that he did not need to consider the statute 61.13 because "we had a contract
," and that I had breached the contract. He ordered that we switch time sharing despite the statute, despite the contract stipulating expressly "no misses except in case of emergencies," and despite stating that the change might be detrimental to the child.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm trying to find out if a provision in a divorce decree that contradicts the statute can be enforced, and whether I have the ability to appeal.