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  1. #1
    Join Date
    Jun 2007

    Default Cancelling Visitation

    My case is in the State of Florida.

    Trying to keep a long story short-my ex cancelled my visitation and gave me make-up times that did not work with my schedule (on purpose, of course) I sent her 5 different alternatives of which she said none worked. I then told her on Tuesday that the time she gave me to makeup on Thursday would work. She said that she made dinner plans. I told her that I would be tacking the time onto the end of my overnight visit. According to our mediation agreement, I have to have him back at 5 p.m. so I said I would have him back at 7:30 p.m. and she said no. Now she is threatening to cancel my visitation if I don't answer an e-mail where she asks that I confirm I will be bringing him back at 5 p.m. Our agreement also states that any reasonable contact with the child made by a parent will be granted-she hasn't allowed me ANY additional time with our son since November 2008.

    If she doesn't show up tomorrow should I call the police? What should then be filed? A Motion for Contempt and for the Petitioner to be awarded make-up visitation?

  2. #2

    Default Re: Cancelling Visitation

    It is the custodial parent's responsibility according to Florida law to encourage and foster an ongoing relationship with the non-custodial parent. If the custodial parent is incapable of performing that responsibility the non-custodial parent might have to resort to the court for help, either for enforcement of the visitation that is Ordered, as well as sanctions (penalties) against that parent. The court can change the custody (Time Sharing) of the child(ren) for interference with a parent's visitation (time sharing) rights.
    Interference with visitation (time sharing) rights is an ongoing problem for our courts. The court can give the parent make-up visitation (time sharing) for the time that they missed, fine the non-conforming parent, Order community service, as well as Order a change in the parenting plan.
    Parental Alienation
    Parental alienation occurs when a parent intentionally does not honor the other parent's visitation rights. Oftentimes the child(ren) are taught to become unjustly obsessed with negative qualities of the other parent. Both the parent and the child share antagonistic views of the other parent. The child sometimes will tell the parent that he/she does not want to visit with the parent. This is usually done by the child at the insistence of the other parent. Oftentimes visitation (time sharing) becomes chronically interfered with. The one sabotages the relationship between the other parent and the child. The parent must take action through the court. Contacting a family law attorney as soon as possible to discuss the problems is imperative. The parent should keep a diary of all the denied visitations (time sharing) as well as the denied telephone calls, holiday visits that were denied, denial of the parents ability to partake in the medical, educational and welfare of the child(ren).

    My advice would be to keep a diary and take your ex back to court. Your relationship with your child is worth it.
    Good Luck

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