Fort Lauderdale Divorce Lawyer Blog
Many people living in and around Miami regularly travel out of the country. While international travel is not a cause for concern under ordinary circumstances, it can be when it involves a minor child whose parents share custody. In such instances, the courts may impose limitations regarding how and when either parent can leave the country with the child, and if a parent violates an order imposing such limitations, they may face sanctions. Recently, the dedicated Miami child custody attorneys of the Law Offices of Sandy T. Fox, P.A., dealt with such an issue in a case where the mother failed to abide by requirements for traveling internationally with a child. We were able to obtain sanctions against the mother in the amount of $10,000. If you have questions regarding your rights as a parent, you should contact us as soon as possible.
The Facts of the Case
It is reported that the mother and the father married and, in 2013, had a child. They divorced in 2015 and entered into a marital settlement agreement that the trial court adopted as part of the final judgment of dissolution. In the agreement, the parties established that if either parent wanted to travel internationally with the child, they would provide the other parent with a week’s notice in writing. Additionally, the agreement stated that if a parent failed to provide adequate notice, they would owe the other parent $10,000 and would be prohibited from traveling internationally with the child while they were a minor.
Allegedly, in 2019 the trial court entered an order stating that the mother could travel internationally with the child without the father’s consent. She took the child to Ireland later that year without notifying the father. He moved for contempt and asked the court to order the mother to pay him $10,000 and bar her from taking the child out of the country in the future. The court denied the motion, and the father appealed.
Sanctions for Violating Parenting Orders
On appeal, the court upheld the trial court ruling with regard to the mother’s right to travel internationally but reversed it to the extent it declined to order the mother to pay $10,000. The court noted that while the 2019 order permitted the mother to travel internationally with the child without the father’s consent, it did not alter the requirement that she provide him with notice prior to doing so or render the provisions requiring her to pay $10,000 for failing to give him proper notice unenforceable. Thus, attorney Fox successfully advocated for an order requiring the mother to pay the father $10,000.
Talk to an Experienced Miami Attorney About Your Rights
Courts will often impose travel restrictions on parents who share custody of a child, and violations of such restrictions are often sanctionable. If you are engaged in a custody dispute, it is wise to talk to an attorney about your options. The experienced Miami attorneys of the Law Offices of Sandy T. Fox, P.A., are well-versed in what it takes to achieve favorable outcomes in custody matters, and if you hire us, we will advocate aggressively on your behalf. We have an office in Aventura, and we regularly represent people in custody lawsuits in Miami. You can reach us through our online form or at 800-596-0579 to set up a consultation.