Legal Question in Family Law in Florida
contempt for visitation
The father was awarded custody of his 5 yr old daughter last year. The mother resides in a different state, and was supposed to have 4 wks vacation time this summer from 7/10 to 8/6. She purchased a ticket for the child to travel as an unaccompanied minor, the child was upset, and soiling herself the day of travel. The airline said they could not force her on the plane since she was un willing to go. The mother was advised to come to fl to pick her up ( mother respon for all cost of travel ), she wanted to get her the following sat, but still wanted her full 4 wks, this would have meant the child missed the first wk of kindergarten. The father said she could go, but had to be back before school started. The mother said it was unacceptable to have only 3 wks, and wanted her 4 wks. She never contacted us again, except for now a court date for denial of visitation. she is asking that the father be held in contempt and pay for all cost associated with the contempt.Was the father right in what he did, and could the court side with her?
1 Answer from Attorneys
Re: contempt for visitation
In order to be held in contempt, the contemtp must be willful. It seems what happened was nobody's fault, and further, no court is going to force a child to miss the first week of school Let her try and then ask for sanctions and attorney's fees and you'll likely get them.