What to Do When Your Co-Parent Violates Your Florida Parenting Plan
If your co-parent is refusing to follow your court-ordered time-sharing schedule, you have legal options. Florida law provides specific remedies and consequences for parenting plan violations, including make-up time, attorney's fees, and even contempt of court with possible jail time.
Key Takeaways
- A parenting plan is a court order, violations can result in serious legal consequences
- Florida Statute § 61.13 gives judges specific enforcement powers for time-sharing violations
- Consequences range from make-up time to attorney's fees to jail time for contempt
- You must file a motion with the court to enforce your parenting plan
- Document every violation thoroughly before taking legal action
In This Article
- Understanding Time-Sharing Enforcement in Florida
- Consequences for Violating a Parenting Plan
- How to File an Enforcement Motion
- Evidence You Need to Prove Violations
- Timeline and Costs
- Understanding Contempt of Court
- Options Before Going to Court
- Can a Child Decide Their Own Schedule?
- Frequently Asked Questions
Understanding Time-Sharing Enforcement in Florida
If you have minor children and have gone through family court, you likely have a parenting plan that outlines your time-sharing schedule. This document isn't just an agreement between you and your co-parent, once approved by a judge, it becomes an enforceable court order.
When your co-parent refuses to follow the time-sharing schedule without proper cause, Florida law gives you specific remedies. The governing statute is § 61.13, Florida Statutes, which outlines the consequences for violations and the court's enforcement powers.
§ 61.13(4)(c), Florida Statutes specifically addresses time-sharing violations and provides courts with a range of enforcement tools, from ordering make-up time to holding a parent in contempt of court.
Common time-sharing violations include:
- Refusing to allow scheduled visitation
- Consistently returning children late (or picking them up late)
- Canceling scheduled time-sharing without valid reason
- Interfering with phone calls or video chats during the other parent's time
- Making unilateral decisions about vacations or activities during your time
- Relocating without following proper legal procedures
Consequences for Violating a Parenting Plan in Florida
Florida judges have significant power to enforce parenting plans and punish violations. Here's what the court can order against a parent who violates time-sharing:
| Consequence | What It Means | Statutory Basis | Severity |
|---|---|---|---|
| Make-Up Time | Court must order additional time-sharing to compensate for missed time, scheduled at the non-violating parent's convenience | § 61.13(4)(c)(1) | Standard |
| Attorney's Fees | Violating parent may be ordered to pay the other parent's legal costs for bringing the enforcement action | § 61.13(4)(c)(2) | Moderate |
| Parenting Course | Mandatory attendance at a parenting education course at the violator's expense | § 61.13(4)(c)(3) | Standard |
| Community Service | Court-ordered community service hours as a consequence of the violation | § 61.13(4)(c)(4) | Moderate |
| Modified Time-Sharing | Judge can change the parenting plan to give the non-violating parent more time if it's in the child's best interest | § 61.13(4)(c)(6) | Moderate |
| Contempt of Court | Criminal or civil contempt finding, potentially resulting in fines or jail time | § 61.13(4)(d) | Severe |
If you believe the time-sharing schedule should be modified to give you more time AND the other parent is currently violating the parenting plan, you may be able to accomplish both goals simultaneously. A violation can be the opportunity to request a modification, saving you time and money by handling both matters in one proceeding.
Make-Up Time: The Court's Primary Remedy
Florida law is clear: when a parent refuses to honor time-sharing without proper cause, the court must order make-up time. This isn't discretionary, it's mandatory under § 61.13(4)(c)(1).
The make-up time will be scheduled:
- In a manner consistent with the child's best interests
- At times convenient for the parent who did not violate the order
- Within a reasonable timeframe following the violation
When the Violating Parent Pays Your Attorney's Fees
Being forced to hire an attorney to enforce an existing court order is frustrating and expensive. Florida law recognizes this by allowing judges to order the violating parent to pay your attorney's fees under § 61.13(4)(c)(2).
To recover attorney's fees, you typically need to show:
- The other parent violated the parenting plan without proper cause
- You incurred reasonable legal costs to enforce the order
- The fees you're claiming are reasonable for your area
This is an important consideration when deciding whether to take enforcement action. For more information about legal costs, see our guide on Florida family law costs.
How to File a Motion to Enforce Your Parenting Plan
To enforce your parenting plan, you must file a motion with the court that issued your original order. Here's the step-by-step process:
Document the Violations
Gather evidence of each violation including dates, times, communications, and any witnesses. Keep a detailed log.
File Motion for Enforcement or Contempt
Your attorney will prepare and file a motion with the family court, outlining each violation and the relief you're seeking.
Serve the Other Parent
The motion must be properly served on your co-parent, giving them legal notice of the proceedings.
Attend the Hearing
Both parents will have the opportunity to present evidence and testimony before the judge makes a ruling.
Court Issues Order
The judge will rule on whether violations occurred and order appropriate remedies including make-up time, fees, or contempt.
Do not take matters into your own hands. If your co-parent violates the parenting plan, you cannot simply withhold child support, deny their future time-sharing, or make unilateral changes. Two wrongs don't make a right, and you could face consequences for your own violations. Always go through the proper legal channels.
Evidence You Need to Prove Time-Sharing Violations
The strength of your enforcement case depends on your documentation. Judges need clear evidence that violations occurred, your word alone typically isn't enough.
Evidence Checklist for Enforcement Actions
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Communication Records: Text messages, emails, voicemails, and messaging app screenshots showing refusals or cancellations
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Detailed Log: A written record of each violation with dates, times, what happened, and how you responded
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Witness Statements: Testimony from family members, friends, or others who witnessed the violations
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Photos/Videos: Any visual evidence of empty parking lots at pickup times, no-shows, etc.
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Calendar Documentation: Marked calendars showing scheduled vs. actual time-sharing
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Police Reports: If you called law enforcement during any incident (note: police typically won't enforce civil orders but the report creates documentation)
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Copy of Current Parenting Plan: The exact court order being violated, highlighting the specific provisions
Use a co-parenting app like OurFamilyWizard, TalkingParents, or AppClose. These apps create timestamped, uneditable records of all communications that courts accept as evidence. Many Florida family law judges are familiar with these platforms.
Timeline and Costs for Enforcement Actions
Understanding the realistic timeline and potential costs helps you make informed decisions about pursuing enforcement.
Typical Timeline
From filing motion to hearing, depending on court availability and case complexity
Emergency Motions
For situations involving immediate harm or child safety concerns
Attorney's Fees
Varies based on complexity; may be recoverable from the violating parent
For a more detailed breakdown of what legal representation costs in Florida family law matters, review our comprehensive guide on divorce and family law costs.
Understanding Contempt of Court for Parenting Plan Violations
Contempt of court is the most serious consequence for violating a parenting plan. Since your time-sharing schedule is an enforceable court order, willfully ignoring it can result in a contempt finding under § 61.13(4)(d), Florida Statutes.
Types of Contempt
Civil Contempt: Designed to coerce compliance. The violating parent can "purge" the contempt by complying with the order. A judge might say, "You will remain in jail until you allow the scheduled visitation to occur."
Criminal Contempt: Designed to punish past violations. This carries a fixed penalty (fine or jail time) regardless of future compliance. Criminal contempt requires a higher burden of proof.
Yes, parents can and do go to jail for violating time-sharing orders in Florida. While judges typically exhaust other remedies first, persistent or egregious violations can result in incarceration. The threat of jail time is often what finally motivates compliance.
What Must Be Proven for Contempt
To hold someone in contempt, you must prove:
- A valid court order exists (your parenting plan)
- The other parent knew about the order
- The other parent had the ability to comply
- The other parent willfully refused to comply
The "willful" element is crucial. If the other parent can show they had a legitimate reason for the violation (genuine emergency, misunderstanding of the schedule, etc.), they may avoid a contempt finding, though they might still face other consequences.
Options Before Going to Court
Litigation is expensive and stressful. Before filing a motion for enforcement, consider whether these alternatives might resolve the situation:
Direct Communication
Sometimes violations stem from misunderstandings or scheduling conflicts that can be resolved through clear communication. Document your attempts to resolve issues directly, this also helps your case if you do go to court later.
Mediation
Mediation can be an effective way to address ongoing time-sharing conflicts without the cost and adversarial nature of court proceedings. A neutral mediator helps both parents find workable solutions. Many Florida courts require mediation before scheduling a hearing anyway.
Parenting Coordinator
In high-conflict cases, the court may appoint (or you may request) a parenting coordinator, a licensed mental health professional or attorney who helps resolve day-to-day parenting disputes without going back to court for every issue.
Attorney Letter
Sometimes a formal letter from an attorney outlining the violations and potential consequences is enough to prompt compliance. This is often less expensive than filing a motion while still demonstrating you're serious about enforcement.
If violations involve child safety concerns, parental alienation, or the other parent is actively concealing the children, skip informal resolution and pursue emergency court action immediately.
Can a Child Decide Their Own Time-Sharing Schedule in Florida?
This is one of the most common questions I receive from parents. The short answer: No, there is no magic age where a child gets to decide their own custody schedule in Florida.
A child can never fully dictate what goes on. Under Florida law, the court must determine time-sharing based on the best interests of the child—not the child's preferences alone.
The "Factor I" Consideration
Florida Statute § 61.13 lists approximately 20 factors judges must consider when determining time-sharing. One of these—often called "Factor I"—addresses the child's preference:
"The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding and experience to express a preference."
Important points about a child's preference:
- It's one factor among many. Florida law prohibits judges from weighing any single factor more heavily than others without justification.
- Children rarely testify in court. Judges generally try to keep children out of the courtroom and parental disputes.
- A child's out-of-court statements are hearsay. You can't simply tell the judge "my child said they want to live with me."
- Behavior can demonstrate preference. If a child consistently resists visiting one parent, that behavior—testified to by adults—may be considered.
Attempting to influence your child's stated preferences or involving them in parental disputes can backfire seriously. Courts look unfavorably on parents who fail to foster a positive relationship between the child and the other parent.
Need Help Enforcing Your Parenting Plan?
If your co-parent is violating your time-sharing schedule, you don't have to navigate the legal system alone. Our team can help you understand your options and take appropriate action to protect your relationship with your children.
Schedule a Free Strategy SessionFrequently Asked Questions
Occasional minor lateness typically won't support an enforcement action. However, if it's a consistent pattern that disrupts your schedule and your children's routines, document every instance. A pattern of "minor" violations can become significant. Consider addressing it first through direct communication or a parenting coordinator before escalating to court.
Absolutely not. Child support and time-sharing are separate legal obligations. Withholding child support because of time-sharing violations will put YOU in violation of a court order and can result in serious consequences including wage garnishment, license suspension, and contempt of court. Handle each issue through proper legal channels.
This is a difficult situation. If your child genuinely refuses to go, you should still encourage compliance and document your efforts. You cannot use your child's refusal as an excuse for non-compliance—you could be held responsible for the violation. If the refusal persists, consider involving a family therapist and potentially seeking a modification of the parenting plan through proper legal channels.
There's no minimum number. Even a single serious violation can justify enforcement action. However, courts generally respond more strongly to patterns of violations. The cost of litigation means most attorneys recommend documenting multiple violations before filing unless the situation involves child safety or is particularly egregious.
Yes. If your co-parent is refusing to return your child or you believe your child is in danger, you can file for emergency relief. Florida courts can hear emergency motions within 24-72 hours. If you believe there's immediate danger, you should also contact law enforcement. While police typically can't enforce civil custody orders, they can ensure the child's safety and create a report documenting the situation.
If your parenting agreement was never incorporated into a court order, you may not be able to use the enforcement mechanisms described in this article. The court can only enforce its own orders. You may need to file for a formal custody and time-sharing determination first, then enforce that order.
Yes. The court will consider whether there was "proper cause" for the violation. Legitimate emergencies, genuine misunderstandings, or circumstances beyond the parent's control may be valid defenses. However, simply disagreeing with the schedule or finding it inconvenient is not proper cause. The burden is typically on the violating parent to prove their justification.
Protect Your Time With Your Children
Don't let parenting plan violations damage your relationship with your kids. Contact our office to discuss your situation and learn what options are available to you under Florida law.
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