Showing posts from April, 2017

Problems cause by the words "flexible" in a custody order or divorce judgment

I have found that there are two ways to deal with problems in implementing and interpreting parenting-time agreements contained in divorce or custody orders and judgments.  One is to deal with the problems as they arise -- putting out fires, fixing 'plane crash' or 'train wreck' situations, billing clients for the hours needed to bring things back to a smooth, working parenting schedule.  The other approach (and one which I try to follow) is to prevent  the parenting problems in the first place , with clear language -- times, days, places for exchange of the children, details all stated in the court orders. In order to prevent problems, though, it's necessary to avoid words like "flexible."  As in this horrible phrase:  "The parties agree to implement the above parenting schedule in a flexible manner, in light of the children's changing needs, their activities and other unforeseen circumstances."   This may sound just fine to a parent