Legal Question in Family Law in Florida

My boyfriend and his ex-wife have a mediation agreement that states (1) she can't commit the kids to activities that interfere with his timesharing, and (2) that missed timesharing must be made up by a mutually agreeable schedule. In January 2010 she told him the kids do not participate in choir. Recently she told him the kids have a choir musical on a day that the kids are with him for Christmas timesharing. Taking them to the musical means at least one hour of travel each way, so it interferes with his time-sharing by at least 4 hours total. He agreed to take them to the musical if at least part of the lost time was made up. His ex said she will not schedule make-up time. My question is: she committed the kids to an activity (choir) without his knowledge, he has not forfeited timesharing on that Sunday, and his timesharing is interfered with by at least 4 hours for this musical. Isn't make-up time required to be scheduled, even if he is present at this event?


Asked on 10/14/10, 12:49 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If your BF has a problem with this, he needs to file for a modification of visitation rights and/or a motion for contempt for not complying with the visitation rights in place. However, this is pretty lame for the court to consider. All things are "for the best interest of the children" and thus choir is probably a school curriculum and not an outside activity. To keep the children from participating with their friends is a travesty at best. They will grow to resent not being able to spend equal time with friends .

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Answered on 10/20/10, 7:00 am


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