Can a Florida Court Allow a Child’s International Cruise After the Other Parent Withdraws Prior Consent?
QUESTION:
I have a Florida parenting plan involving my 16-year-old child. Before booking an international family cruise, the other parent agreed in writing by text message that the child could participate. I relied on that agreement and paid substantial nonrefundable travel expenses.
The other parent has since withdrawn consent, refuses to provide the documentation needed for international travel, and says the trip conflicts with that parent’s scheduled timesharing. The parenting plan allows parents to make temporary changes informally, but it also states that if they disagree, the existing parenting plan remains in effect unless the court enters a different order. The plan does not otherwise permit international travel.
Can a Florida court enforce the prior written agreement or authorize this specific international trip over the other parent’s objection? How might the court address the conflict with the other parent’s scheduled timesharing, and what type of motion should be filed? If the court does not allow the trip, can the parent who originally agreed to the travel be held responsible for the nonrefundable cruise expenses?
ANSWER:
A Florida court has authority to authorize international travel for a minor child even over the objection of the other parent, but the outcome turns on the child's best interests, not the prior text message agreement. The appropriate motion would be a motion for temporary relief to authorize international travel. Depending on the timing, an emergency filing may be appropriate. The text message agreement, although not independently enforceable as a contract, is still highly relevant evidence supporting the motion.
Generally, timesharing conflicts can be resolved through make-up timesharing which would serve to balance out the timesharing between the parents as agreed up in the parenting plan. Recovery of the cruise costs is difficult but possible through attorney's fees and sanctions within the proceedings.