Excerpts from a Fathers4Equality article ~
The best interests of your children are the most important thing for you to think about when you make a Parenting Plan Agreement.
A parenting plan can include anything that parents need to agree on about their children. The plan can be changed at any time with the agreement of both parents.
If you want your parenting agreement to be recognized by law as a Parenting Plan it must be developed in a particular way. It needs to be written down, dated and signed by both of you.
What are the Advantages?
Because a parenting plan is worked out and agreed by both of you, agreeing in this way means you have control over the process and you won’t need to fight things out in court. Going to court can be a tense, traumatic, expensive, long term experience and it can be hard to get off the roundabout. In some situations court involvement is absolutely necessary, but parents who have been through the system say to avoid it if you can.
Coming to a workable agreement without going to court saves parents a lot of money, time and distress and, more importantly, it is better for your children. Research clearly shows that it’s not the separation of their parents that harms children the most; it’s the ongoing arguments and negativity between the parents, and the anxiety that children feel when their parents can’t co-operate about things that affect their daily lives.
When children know that their parents have talked about what’s best for them, and know that a plan is written down, they are likely to feel cared for and safer. If your children can predict the shape of their lives and know that you will keep the adult issues between adults, they will be able to manage the stresses and fears of the separation much better.
Fathers4Equality strongly encourage all parties going through separation and discussing the children’s arrangements, to document the agreed terms in Consent Orders, as opposed to a Parenting Plan. It is free to do so, and usually requires the document to be submitted to the Court, where in most cases the aprents not even asked to appear in front of the judicial officer.
Although a Parenting Plan is less stressful and less formal to create, it is in real terms simply a ‘guide document’, and if one of the parents fails to comply with the agreement, the other parentsimply has no recourse. So in truth a Parenting Plan has no teeth, and it would only work if bothparents treat it in good faith.
A Parenting Plan IS NOT legally enforceable, while Consent Orders are, and while many may argue that the Courts are loathsome to penalize offenders who have shown repeated contempt for their undertakings, at least in law and psychologically, there are implications for breaching the parenting agreement, and this incentive for co-operation is sadly missing if one chooses to seal their post-separation agreement with a Parenting Plan.
And it's the Law...
"Reckless Disregard" ~~ A True And Compelling Story About One "FIT" Father's Fighttowardchange.wordpress.com
And it's the Law...
2012 Florida Statutes ~ 61.046(14)Parenting Plan Definition:“Parenting Plan” means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration.
- 2012 Florida Statutes ~ 61.046(14)(a)(b)(c)(d)
(a) The parenting plan must be:
1. Developed and agreed to by the parents and approved by a court; or
2. Established by the court, with or without the use of a court-ordered parenting plan recommendation, if the parents cannot agree to a plan or the parents agreed to a plan that is not approved by the court.
(b) Any parenting plan formulated under this chapter must address all jurisdictional issues, including the Uniform Child Custody Jurisdiction and Enforcement Act, part II of this chapter, the International Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25, 1980.
(c) For purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, part II of this chapter, a judgment or order incorporating a parenting plan under this part is a child custody determination under part II of this chapter.
(d) For purposes of the International Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on the Civil Aspects of International Child Abduction, enacted at the Hague on October 25, 1980, rights of custody and rights of access are determined pursuant to the parenting plan under this part.
- 2012 Florida Statutes ~ 61.10
Adjudication of obligation to support spouse or minor child unconnected with dissolution; parenting plan.—Except when relief is afforded by some other pending civil action or proceeding, a spouse residing in this state apart from his or her spouse and minor child, whether or not such separation is through his or her fault, may obtain an adjudication of obligation to maintain the spouse and minor child, if any. The court shall adjudicate his or her financial obligations to the spouse and child and shall establish the parenting plan for the parties. Such an action does not preclude either party from maintaining any other proceeding under this chapter for other or additional relief at any time.
NOTE: When a parent refuses to honor the other parent’s rights under the time-sharing schedule, the parent whose time-sharing rights were violated shall continue to pay any ordered child support or alimony.
- 2012 Florida Statutes ~ 61.13 Support of children; parenting and time-sharing; powers of court.— (2)(a)(b)(c)1.
(2)(a) The court may approve, grant, or modify a parenting plan, notwithstanding that the child is not physically present in this state at the time of filing any proceeding under this chapter, if it appears to the court that the child was removed from this state for the primary purpose of removing the child from the court’s jurisdiction in an attempt to avoid the court’s approval, creation, or modification of a parenting plan.
(2)(b) A parenting plan approved by the court must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.
(2)(c) The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, except that modification of a parenting plan and time-sharing schedule requires a showing of a substantial, material, and unanticipated change of circumstances.
1. It is the public policy of this state (Florida) that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.
1. It is the public policy of this state (Florida) that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.
"There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child." ~
2012 Florida Statutes
2012 Florida Statutes
WE SUPPORT NOT ALL DADS ARE DEADBEATS
This is event video from the NADADs theatre event held in Sarnia in Feb 2013. For more information or free support please visit www.notalldadsaredeadbeats.com
Just as the “Family” is the foundation of society, the Father-Mother relationship is the foundation of the family; consequently, strengthening Mother-Father relationships can only lead to stronger families, children and communities, as well as a stronger economy.
ReplyDeleteChildren thrive with the active involvement of both parents. Children and parents should be encouraged to spend substantial time with each other regardless of the parents’ present relationship status. I realize and recognize that absent issues of abuse, neglect or abandonment, social and government policy must be structured in such a way as to promote and maximize the opportunity of all parents to contribute to the social, emotional, intellectual, physical, moral and spiritual development of their children.
Listen to me. i Gracy try so many of this spell casters when my husbands tends to divorce me because he thought i keep a secret from him before we get married. they all ask of different thing with money and i provide to each because my husband is my life and i love him so much but they all disappoint me till the court finally sign our divorce document so we go apart last 3years 2012 march 15 i packed to my new house......one day while i was alone( with in February ) i just decide to get some knowledge on how to cope with divorce and forget the memories of my past husband because i thought he had marry another woman. while i was reading online i saw how Dr (oshogumspelltemple@live.com) help some men and women get all they desired including healing the sick one. i just decide to contact oshogum also and just ask him how much his work cost but replied and said it free but i most tell the word how he solved my problem if he can do it. so i promised and he sent me the name of materials that his great god demand to get man back. my friend in Norway help me get the items because i could not get the materials here in Germany and she also send it to him. after two days he told me to call my husband but his number was disconnected but he direct me to call my husband work phone that i did, once my husband heard my voice he was very happy, he asked me were i was, i told him my new house. i was so surprise to him in my house. i never believe he can ever come back again. he beg for forgiveness and true love. We both go the same court to terminate the divorce agreement. Still like i am dreaming to see Davidson came back and we live together now even expecting our first kid soon. Thanks to oshogumspelltemple@live.com. Well you can contact him oshogumspelltemple@live.com case you suffer any problem.
DeleteThe contact or lack of contact has an effect on the child that lasts a lifetime. The child remembers broken promises, and suffers the consequences of loss of benefits, or the gains of contact. The child will learn from the examples set by parents, and if parents truly love the child they will put the best interests of the child before ever thinking of using the child as a means of vexing or harming a parent will also be harming the child. It may be appropriate to be candid, but it may harm the child to be used by a vexatious parent for the purpose of harming either parent by word or deed. Even after war or revolution where both sides have suffered serious crimes, injuries, and death there must be peace.
ReplyDeleteAs a divorced dad whose ex constantly uses our son against me, I have had to learn the hard way that dads get the raw end of the legal system by default. I am a loving, caring dad who has made mistakes to be sure, but I have remarried and have wonderful twin boys with my second wife. I have also adopted her son and have raised him since age four. Regardless of how good that looks on paper, between her lawyer and our son's therapist, they have reduced my time to two hours a week, if that.
ReplyDeleteMy ex's and my son has heard years of badmouthing, so in order for him to function well in my ex's household, he has been forced to make a choice between the two of us. She's sent a guardian ad litem to our house, had a judge assigned to keep tabs on me, and, sadly, they both ended up loving our family. Still, they can no more take my son away from my ex than I can. A court simply would not take a kid from his mom, no matter what. I just want the guy to be happy, so I have continued to back off. Doing that, of course, pisses off my ex, but nothing I do makes her happy anyway. I pray he will at least learn from both our households and make his own choices as an adult, taking the good from both of his families. At the encouragement of my friend, I have begun writing my story to perhaps help someone else in a similar situation. Please look me up at johnemilaugustine.com. Love & Mercy. John
Presumptive Best Interest of Child and Equal Time-Sharing
DeleteThere is no question that our family law statutes need to be reformed and that there is a great deal of "judicial discretion" in family law matters. Often times, the outcome of your case depends more on the judge that you have been assigned than the facts of your particular case. If you were to have your case in front of one judge, the outcome may be very different if you were to have your case in front of a different judge. The legislature is trying to change that, in particular when it comes to time-sharing with children. There are changes to alimony as well that I will address in a later blog, but I wanted my readers to be aware of the changes that are being proposed for time-sharing because it is substantial. If the Bill passes, there will now be a presumption that equal (50/50) time-sharing is in a child's best interest, with very limited exceptions. The exceptions would be in the nature of real harm to a child that a parent is incarcerated, a parent is unfit, or the parent's geographical distance would hinder the ability for a 50/50 time-sharing schedule to work. If this passes and is signed into law, most families would be automatically forced into a 50/50 timesharing arrangement if one party were to want that. I have had plenty of cases in the past and some cases right now where one parent does not want an equal time-sharing schedule for a variety of different reasons. Some reasons are valid; some reasons are not valid enough to take the issue before the Court. With this new law, if it is passed, every family will be forced into a 50/50 schedule provided that one parent is requesting it. We do a lot of 50/50 time-sharing arrangements and have had a Judge rule many times that 50/50 is what a couple is going to have, but there are many families who want to alter or adjust this schedule after the final hearing because the schedule is simply not working. Absent a substantial and permanent change of circumstances, couples are going to be stuck with these schedules, regardless of whether or not it’s "working". I agree with the idea that if we have a presumption that 50/50 is in the children's best interest, there will be less room for argument and people would have to acquiesce on this issue. Taking any argument off the table that 50/50 is not good because a parent simply doesn't want it will help insure that less litigation ensues over "best interest of the children". However, what I don't agree with is that we should take the approach of "one size fits all" when it comes to dealing with children. It'll be interesting to see how this develops and if you have issue with this potential law, I urge you to contact your representative. By Christine Bauer - A Florida Family Law Attorney
Posted FRIDAY, MARCH 22, 2013
HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
DeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
Have you ever head of Dr Ekaka the spell caster I almost lost my child and my wife about a year ago we had misunderstanding with each other which leads to the separation of me and my wife and after a month she was engage with another man and they both travel out of the country down to united kingdom and when I was searching for a help online I came across some fake spell caster which scam some money from me and I lose hope on getting her back still a friend of my that has receive a help from ekakaspelltemple@yahoo.com direct me to him and I never believe on the spell caster anymore because of the other fake spell caster that scam my money from me before but due to what my friend told my about the Ekaka spell temple so I just say I should give him a Trier to see if they are all the same so after 24hours of casting the spell I receive a phone from my ex and was apologizing for her mistakes so it was very happy and it was just like a dream to me and now you are together again. Thanks to DR Ekaka.
ReplyDeleteReview from the late Carl Fredrich, founder of the American Pro Se Association
ReplyDelete2012 ~
" "How to Win a Lawsuit Without Hiring a Lawyer" is a very informative book -- and for those who find themselves in certain circumstances it can be said to be indispensable. The book might be more appropriately entitled: "Pursuing A Lawsuit Without A Lawyer: Even Against the Authorities." This book, as far as we know, is the only simplified low cost resource addressing an area of increasing need -- where one's rights have been trampled or denied by police or other officials and how you can do something affordable about it. The book actually contains an enormous amount of information and legal theories and specific instructions on how to proceed with respect to a number of issues.
Considering it is a generic law book written to address both Federal and all 50 states laws, it possesses both the advantages and drawbacks inherent in covering so much territory. The book also addresses this difficult problem and stresses the need to consult specific state statutes and/or the necessary specific information on any administrative law forums should they be applicable. (These are often called 'administrative law court' but they are really central panels of the administrative branch -- not judicial branch of government.)
PRO SE RIGHTS:
ReplyDeleteSims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."
Hello people on this forum or website , Am just an over exerting person today for what this great man call DR ONIHA of onihaspiritualtemple@yahoo.com has just done in my marital life .and i will like you on this forum to help me in thanking he because for the past two years my husband has been cheating on me with a lady and this has course the family a lot of problems and our baby Evonne where the one perpetual taking the pain because at this time my husband don\'t normally come home to ask after the child or care to provide what the child needed so with all this problems i was not happy in my marriage and i started going for different kind of marriage cancelling and looking for solution every where not until this faithful day when i was browsing on the internet i saw a testimony shared by miss Lewis Cheney USA about this DR ONIHA and i as-lo contacted he for help and that was how he gave me some instructions and and i followed what ever he told me and i was surprise when he said to me go my child for all will be fine in 12 hours .and within the 12 hours i actually received a call from my husband who has not called me for some months now asking after the child and i . and that was how was the end of my marriage problems . so this is why i promise to testify to the whole world about this man DR ONIHA and if any is also depress with such problems contact he :onihaspiritualtemple@yahoo.com and you will also find success
ReplyDelete