What legal options exist to enforce strict compliance with parenting agreements? Suppose a parenting agreement that is part of divorce in Georgia, U.S., specifies that parent A shall deliver a child to parent B in the morning before school. One day parent A, without notice to parent B, delivers the child directly to school. What legal mechanisms, if any, can B use to prevent future violations by A of the parenting agreement?
Beware: The details will depend not only on jurisdiction, but also on the details of the parents, the parenting agreement and, of course, on the situation of the child. However, here are some general guidelines (mostly independent of jurisdiction): Ideally, you should resolve the problem by non-legal mechanisms. However, you may have to resort to legal means if this fails. I would advocate a gradual escalation of your reaction: First, do not assume malice. Nicely ask parent A why the plan was not followed. Maybe it was a simple oversight, maybe there was an emergency? Try to find out, and decide whether the change was warranted. If there is no satisfactory answer, clearly remind A that the parenting plan is binding for everyone, and that it is important for both the child and the parents that they can rely on it. Stress that any last-minute changes must be discussed as soon as possible, even in emergencies. This should be done in writing, maybe even by registered mail. If the problem repeats, send a last letter indicating that you will seek legal remedy if the problem persists. This letter may work better when sent by a lawyer. A letter from your lawyer to A's lawyer (assuming you both have one) may also prompt A's lawyer to explain to A that they are hurting the child and themselves by violating the parenting plan. Finally, if all the above fails, go to court. You could ask for a change in the parenting agreement, maybe with less frequent changeovers, or with changeovers that are easier to arrange, or at an earlier time, such that a delay causes less problems. You could also ask for a formal permission to have the child fetched by the police or similar on subsequent violations (though that is a rather desperate option, and may not be available). If you reach this point, following the previous steps should give you a fighting chance to prevail in court, as you have demonstrated that you tried everything to make the agreement work. Courts generally take a dim view of people who violate an official agreement. In Georgia specifically, like in most US states, violation of a court-ordered parenting agreement by one parent is a serious matter. The other parent can ask the court to hold the parent in contempt of court. The court can then order a number of consequences for these violations, such as awarding the other parent extra visits or monetary compensation, up to and including sending the parent to jail (this only happens in extreme cases). The article Violation of Custody and Visitation Orders in Georgia gives a good overview.
In the US, no, courts would not enforce such a contract. It would be deemed not in the public interest, perhaps unconscionable. Of course, two willing adults could make and honor such an agreement but that would only work as long as the woman didn't change her mind. What is "fair" in a situation like this is a little tricky but, ultimately, any child's welfare is going to be a major consideration in any court decision.
canada Child support In Canada, under the Federal Child Support Guidelines (used when computing child support after a divorce, and in most or all provinces after a separation), the terms are defined as follows: majority of parenting time &quot;means a period of time that is more than 60% of parenting time over the course of a year&quot; (s. 2(1)); shared parenting time is when &quot;each spouse exercises not less than 40% of parenting time with a child over the course of a year&quot; (s. 9) split parenting time describes a situation where &quot;there are two or more children, and each spouse has the majority of parenting time with one or more of those children&quot; (s. 8). Which of these regimes a couple falls into is significant because it changes the approach to computing the amount owing for child support. &quot;Primary parent&quot; outside of child support Outside of the computation of child support, there is no concrete definition for what makes someone a &quot;primary parent.&quot; Parenting arrangements or orders will just describe the division of parenting responsibilities, such as who has day-to-day care, control, and supervision of the child; decisions about residence, friends, activities, education, medical treatment, etc. Typically though, when the phrase &quot;primary parent&quot; is used, it describes the person with day-to-day care, control, and supervision of the child. But this isn't a descriptor that can be applied universally to the relationship. For example, a person might have &quot;primary parenting of the children over the holiday&quot; (Wilson v Wilson, 2023 ONSC 3387, at para 163). Some courts are careful to place the term in quotes to emphasize that it isn't a precise term (e.g. &quot;she puts great stock in being the 'primary parent'&quot;: Begum v Klippenstein, 2023 ONSC 2970 at para 86).
I know of no laws at the federal or state level that explicitly extend their protection to poly relationships. However, any law that purports to outlaw a polyamorous relationship among consenting adults should be looked at very skeptically, as it would likely be found unconstitutional under Lawrence v. Texas, 539 U.S. 558 (2003): The case does involve two adults who, with full and mutual consent from each other, engaged in sexual practices common to a homosexual lifestyle. The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. While that case dealt with homosexual relationships, it seems unlikely that the courts would conclude that heterosexual couples, throuples, etc., are entitled to less protection. Adultery laws exist in many jurisdictions, and many of them have survived constitutional challenges. But as far as I know, all those challenges relied on legal principles and precedents -- in particular, Bowers v. Hardwick, 478 U.S. 186 (1986) -- that Lawrence explicitly overruled. In this regard, I would not expect anyone in a polyamorous relationship to encourter meaningful legal jeopardy as a result of that relationship, assuming that the relationship(s) were otherwise legal and out in the open. If A is unaware of her spouse's relationship with C, for instance, that could cause problems in a divorce proceeding. I don't know of any legal options specifically designed for this sort of arrangement, but the more interconnected and interdependent these groups are, the more likely it becomes that some sort of written agreement would become worthwhile -- not as a response to legal danger arising from the polyamorous nature of the relationship, just to address the fact that someone is eventually going to fall short, potentially causing problems for the whole group. There are many lawyers who specialize in LGBT issues, and I'd imagine that some of them would be able to provide more detailed advice about how to deal with this type of situation.
Is it possible/feasible for the child to retroactively sue the father for the child-support that was not paid throughout the 90s and 2000s? No. Child support is owed to the custodian parent, not the child. If at all, your mother would have to sue. Chances are, your parents, had a child support agreement in place and as long as your father abided by the terms of this agreement, there is absolutely nothing to sue about. Is it possible/feasible for the child to sue the father to get him to pay for his Australian university fees/debts which have accrued (and continue to accrue) over the 2010s? No. There is no legal requirement for any parent (divorced or not) to pay for college education. Once you are a legal adult you are responsible for your own expenses and actions. That's what "adult" means.
As a preface, while the best course of action isn't always clear and the reality of implementing some solution is often rocky, the bipolar diagnosis situation you describe is probably the single most common situation in which legal arrangements must be made for an adult child, and is almost as common as the need for children to make legal arrangements for the care of their declining parents. You aren't the only one going through situations like these. Probably 0.5%-2% of people in any given area experience bipolar, usually starting in adolescence or young adulthood, and difficulties managing it of the kind that you describe are the rule and not the exception. Also, just ignoring the problems you describe is a very bad idea. Premature death either from suicide or bad judgment related to the bipolar diagnosis is all too common in these situations. It is serious business, not something that should be thought of as bad character, or futile to do anything about, or blameworthy. It just is, and if someone doesn't do something when the plan gets off course, serious consequences often follow. There are really several intertwined issues present here. Realistically, given the nature of the concerns expressed, a limited guardianship may be necessary to accomplish the goals expressed. What Are Medical Powers Of Attorney? A healthcare or medical power of attorney gives the person who holds it (who is called an "agent" or "proxy") the authority to make medical decisions for someone called the principal (i.e. John Smith) when the principal lacks the capacity to give informed consent at that very moment to do so. This is because a power of attorney is an inherently revocable document expressing the wishes of the person writing it. You generally can't bind yourself in the future without court approval or a contractual relationship with a third party which a power of attorney is not. It isn't uncommon for medical personnel to decide on the spot when to and not to listen to someone with a medical power of attorney based upon how mentally competent the patient seems at the time on a decision-by-decision basis. For example, they might defer to the medical power of attorney agent when the patient is unconscious or heavily drugged, and listen to the patient when the patient is conscious, not drugged, and not acting erratically. Parents, incidentally, do not automatically have this authority, nor do spouses. A medical POA is a document that allows the agent to say "yes" when the patient (i.e. John Smith) cannot. Another name for a document that is very similar and sometimes used is a "health care proxy." It would typically cost a few hundred dollars to $1,000 to have a medical power of attorney drawn up after discussing the situation and the principal's needs in a meeting with a lawyer and might take an initial meeting and then a second one at which the document is signed after it is prepared following the initial meeting. Other lawyers might manage this in a single meeting and draft it while you wait. If all you need is a power of attorney, don't be penny wise and pound foolish by doing it yourself, unless the form is provided to you by the health care provider you will spend most of your time dealing with and they prefer their own form. Otherwise, the likelihood that you will have to pay more to a lawyer later cleaning up your own mistakes probably exceeds any money that you will save. Other Kinds Of Authorizations Many medical providers will allow someone to act on behalf of a patient in matters other than matters that call for the kind of medical decision that would normally require the informed consent of the patient, even when the patient is not manifestly incapable of making medical decisions at that very moment. This could simply be a note in the file that the patient has given that person authority to do so, it could be a written authorization to access HIPAA protected personal health information of the patient, and it could be a variety of other things (e.g., authority to make financial arrangements). Some of this is often incorporated in the same document as a medical POA. Picking Up Controlled Substances A Medical POA may, or may not, necessarily be sufficient to authorize someone to pick up a controlled substance on behalf of a patient if the patient is physically able to do so, without the presence of the patient. I don't know what the true rule of law under the controlled substances acts and pharmacy regulation is, but I do know that practice in real life varies quite a bit. The best practical solution to the issue of picking up controlled substances would be to ask the usual pharmacist what they require and to comply. (A legal guardian would generally have the power to pick up controlled substances for a ward.) Guardianships and Limited Guardianships What Is a Guardianship? A guardian of the person is someone appointed by a court who has the authority to make medical decisions and other personal life decisions for their ward (i.e. John Smith), even contrary to their apparent stated wishes. A guardian has the authority to say "yes" and also to say "no" to the expressed wishes of the ward, overruling the ward. A guardianship of an adult can be general, or can be limited on a customized basis. A guardian must be appointed by a court with jurisdiction over these cases, usually in the county where the ward resides. But, a guardianship can be requested by the ward as opposed to contested. Realistically, a court would be unlikely to grant a full guardianship or a contested guardianship in these circumstances, but might grant a limited guardianship with the consent of the ward in these circumstances. The parents and possibly any siblings, would have a right to notice of the proceedings and to object or to seek to be appointed instead. What Process Is Involved In Having a Guardian Appointed? This would realistically be a proceeding that should ideally involve a specialist lawyer (with experience in mental health or elder law and guardianships) and at least one medical professional's statement (probably a treating psychiatrist or psychologist). There would also probably be a court investigator or guardian ad litem appointed at the ward's expense, to confirm that the facts represented in the petition to have a guardian appointed really reflect the ward's intent. Usually, a proposed guardian selected by the adult ward during a lucid interval would have priority for appointment. The medical professional and lawyer should be able to provide good suggestions regarding what the scope of the limited guardianship needs to be, although don't ignore or fail to give full credit to your own layperson's practical understanding of the situation either. The guardian would have to provide information to the court in connection with the petition showing eligibility to serve (e.g. criminal record check, credit check, CV, nomination by ward). Often the guardian would have to demonstrate good intentions towards the ward in some way, especially if the guardian is a third party and not someone who serves as a guardian as a livelihood. Some courts would require the guardian to have insurance for liability in connection with the task or a surety bond up to some dollar amount. The final decision would usually be made in an in-person hearing at which the ward, the proposed guardian, the proposed guardian's lawyer, the medical professional, the guardian ad litem or investigator, the judge, a court clerk, a court reporter, and any family members who chose to appear (with their lawyers, if any), were present. If the guardianship was granted, perhaps with modifications requested by the judge to the terms of the guardianship, then the Court would issue what are called "Letters" that formally appoint the guardian to the post. Once appointed, the guardian would have to file periodic status reports with the court and would also be subject to the court's jurisdiction in the event of any future dispute regarding the guardianship, or any allegations of misconduct by the guardian, or any circumstance that requires court approval such as a change in the terms of the guardianship or in the person serving as guardian. The procedural details I am describing are approximate and aren't necessarily up-to-the minute correct, and might vary somewhat even from court to court within California under local rules and customs of practice; but they give you a gist of what the process would be like if it is working properly and with best practices. Typically, this might cost $3,000 to $10,000 all in for an uncontested proceeding, and many times that much in the event of a contested attempt to have a guardian appointed. Health Insurance Eligibility I'll defer to someone else's answer regarding health insurance eligibility, as I don't have time to look into that at the moment. My instinct is that this wouldn't be a problem in any case except a guardianship and probably wouldn't be a problem even in a case with a third party guardian, but I can't confirm that without doing research.
Disclaimer: I don't know the specific regulations of New Jersey, so this mostly describes the general practise in the United States. However, it seems the rules are roughly similar in all states. During a divorce proceeding the court ordered the father to pay 1xxx a month in child support through the court/state supervision arrangement. This is common in the United States - child support payments are usually not sent directly from one parent to the other, instead the paying parent sends money to a government agency (or has it taken from their wages). This agency is usually called State Disbursement Unit - though in New Jersey the agency responsible is the New Jersey Family Support Payment Center (NJFSPC). So the father was probably ordered to pay via NJFSPC. Will it harm the case if the mother retrieves the money? assuming she notifies the court or her attorney? Or should she refuse the money? No, this should not harm the case. As you write, the mother should definitely inform the court and / or NJFSPC about the payment (the lawyer should know how to handle this). If the court order requires the father to pay via NJFSPC, paying directly to the mother is already a violation - so the father is likely not acting legally. While the accepted payment will likely count against the child support owed, it will not reduce the claim for child support in any other way - in particular it does not invalidate or reduce the court order to pay via NJFSPC.
This depends entirely on which law applies to the divorce. For example, if this happens under Australian law then it falls within the jurisdiction of the Family Court (a Federal court as the Commonwealth has power over marriage, not the states). They say: You can agree and not involve the court. If you agree you can, but are not required to, have the court formalise the arrangement. If you cannot agree, then you can apply to the court for financial orders. In general, the court is happy to allow couples to agree on whatever they want - for your example this extends from &quot;Bob gets everything&quot; to &quot;Alice gets everything&quot; and anything in between those extremes. If the parties don't agree (which is the most common situation) then the court will hear the evidence and make a decision: There is no formula used to divide your property. No one can tell you exactly what orders a judicial officer will make. The decision is made after all the evidence is heard and the judicial officer decides what is just and equitable based on the unique facts of your case. Factors the court is required to consider are: working out what you've got and what you owe, that is your assets and debts and what they are worth looking at the direct financial contributions by each party to the marriage or de facto relationship such as wage and salary earnings looking at indirect financial contributions by each party such as gifts and inheritances from families looking at the non-financial contributions to the marriage or de facto relationship such as caring for children and homemaking, and future requirements – a court will take into account things like age, health, financial resources, care of children and ability to earn. So, for your example, the answer to how property will be divided up is: Nobody knows until it is agreed or the court rules on it.