When Parenting Plan Language Is Unclear: A Miami Case Involving a Child’s Immigration Application
Many Miami families include parents or children with ties to other countries. Parenting plans in these cases often need to address passports, visas, travel, and immigration decisions. When the language in an agreement is vague, parents may later disagree about what they actually promised.
A recent Third District Court of Appeal decision from Miami-Dade County shows how unclear wording can send parents back to court, and why precise drafting matters.
Court Finds Parenting Provision on “Immigration Application” Ambiguous
In Del Fabbro v. Bonetto, the parents’ marital settlement agreement provided for shared parental responsibility. It listed “immigration application” as a major decision and stated that the parents “agree to cooperate in this process and neither parent shall unreasonably withhold consent.”
The child, a dual national of Italy and Great Britain, was in the United States on a student visa. The mother wanted to file an application for the child to become a permanent resident. The father withheld consent, and the mother asked the court to enforce the agreement. Without taking evidence, the trial court ruled that the provision did not create any enforceable obligation.
The Third District reversed. Because the parties reasonably disagreed about what “immigration application” meant, including whether it referred to renewing the child’s student visa, which another section of the agreement already addressed, the provision was ambiguous. When an agreement is ambiguous, the court must hold an evidentiary hearing and consider evidence of what the parties intended. The appeals court also noted that the provision did create a real obligation: each parent agreed not to unreasonably withhold consent. If the term covered the permanent residency application, the trial court would need to decide whether the father’s refusal was reasonable. The court did not decide the merits of either parent’s position.
Lessons for Miami Parents Drafting a Parenting Plan
General promises to “cooperate” may feel sufficient when an agreement is signed, but they can be difficult to enforce when a specific decision comes up later. For international and multinational families, a parenting plan may benefit from addressing specific issues such as which immigration filings are contemplated, how consent will be requested and given, what documents each parent must sign, and what happens if a parent refuses.
Clear terms help parents avoid an evidentiary hearing about what they meant years earlier.
How Parenting Plan Mediation Can Help
Mediation allows parents to discuss foreseeable issues, including travel and immigration, in detail before an agreement is finalized. A mediator with family law experience can help parents identify vague terms and work toward language that reflects their actual intentions.
Speak With a Florida Parenting Plan Mediation Attorney
If you are creating or revising a parenting plan, a parenting plan mediation attorney can help you and your co-parent work through the details that matter for your family.
Daniel Umbert of TNL MIAMI is a Florida Supreme Court Certified Family Mediator and family law attorney who offers in-person and virtual mediation in English and Spanish. Contact TNL MIAMI to learn more.
Source:
Del Fabbro v. Bonetto, No. 3D26-0150 (Fla. 3d DCA Sept. 2, 2026)
