Family Law (Divorce, Family Relations)/Early pick up from court ordered visitation
My ex and I have a court order which states that he is to provide transportation to and from my visits with my daughter. He lives 100 miles away. I have been driving to his home on my visitation weekends to drive her back to my home, because he refuses to drive her to my house. On the day she is scheduled to return to his house, he shows up 2-3 hours early and insists that she go with him. This has gone on for almost 22 months. Recently I began letting him know that I will be following the court order more closely. He insisted that he has to pick her up early because he has to get to bed early for work. Is he in violation of the court order by showing up early to drive her back?
Hi Amber, I am not licensed to practice in California and my answer is based entirely upon my knowledge and experience with Florida Family Law. The father cannot unilaterally change the order of the court. If he wants to change the order he must apply to the court for the change. In Florid this would be done by a Petition for Modification. With regard to the transportation requirements the same principle would apply. However, because he is not following the order in that regard you could and probably should file a Motion for Contempt/Compel and request as a sanction for his failure to provide the transportation as ordered reimbursement for the expenses you have incurred in providing the transportation he was ordered to provide and make up time sharing, scheduled at your leisure, for the time sharing periods you may have missed because he refused to provide the transportation as ordered. As for his early arrivals for pick up, you need not release your daughter to him until the ordered time and you need not even be at your residence or the place you meet for the exchange, if applicable, until the ordered time.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401