When parental time is allocated via a court order, and a child (typically a teenager) decides not to follow the parental time schedule (ie" votes with their feet", "parental shopping", etc), one of the parents is technically in a breach of the order, and could be found in contempt. I know, courts are reluctant to enforce a parental time order on teenagers, especially as they get older. But still, there is an order, and a possibility of contempt. Right?
What about a separation agreement? I read on a few websites that a separation agreement is a contract, and its breach needs to be addressed in a court as such. But if an input of a child was not sought in negotiating an agreement, can a court enforce a SA if a teenager is not happy with allocation of parental time? Even if child's input was sought, but now the child wants to change the parental time allocation, is there a legal way for a child to address this issue? The agreement is between parents (and the child is not a party to the contract- right?) yet the SA affects child interests. Would a parent be legally in breach of a separation agreement if a child is not following it? How would the other parent go about enforcing the SA - seeking a court order (but we know courts are reluctant to impose a decision on a teenager)? Damages?? But I think that a separation agreement is not your typical commercial contract and a family court would use a different approach than a civil one...
What about a separation agreement? I read on a few websites that a separation agreement is a contract, and its breach needs to be addressed in a court as such. But if an input of a child was not sought in negotiating an agreement, can a court enforce a SA if a teenager is not happy with allocation of parental time? Even if child's input was sought, but now the child wants to change the parental time allocation, is there a legal way for a child to address this issue? The agreement is between parents (and the child is not a party to the contract- right?) yet the SA affects child interests. Would a parent be legally in breach of a separation agreement if a child is not following it? How would the other parent go about enforcing the SA - seeking a court order (but we know courts are reluctant to impose a decision on a teenager)? Damages?? But I think that a separation agreement is not your typical commercial contract and a family court would use a different approach than a civil one...
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