Legal Question in Family Law in Florida
can a verbal agreement be enforced if a parenting plan says you can make verbal changes and I have witnesses ahearing to that. My daughters father has her in TX and I am in NC and we agreed on 3wks vacation instead of the 6wks because I am getting married and now 2 days before her expected return he is refusing to return her and the only reason I let her go was on the mutual agreement that she would be back in 3wks.
2 Answers from Attorneys
The witnesses will not really matter. What matters is do you have an Order stating that verbal agreements are to be honored. If so, then have the court issue a pick up order for your child. Without an Order from the Court, police will not respond as this is considered a civil matter.
I'd have to read your agreement to be sure, because of the thousands of parenting plans I've read, I've never seen one that authorizes verbal agreements. Are you sure you are reading it right? And what happens if he denies it or says he meant something else (to counter your witnesses)? I seriously doubt a judge will accept your verbal agreement to change summer vacation when summer vacation is in writing in your agreement. As a general rule of law, a verbal statement never trumps a written statement. In fact, as a general rule a law, verbal "contracts" aren't worth the paper they're written on.