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.
If you have minor children and have gone through family court, you likely have a parenting plan that outlines your time-sharing schedule in accordance with state child custody laws. 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), 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:
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. For more details on this process, see our guide on establishing a parenting plan.
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:
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:
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.
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:
Gather evidence of each violation including dates, times, communications, and any witnesses. Keep a detailed log.
Your attorney will prepare and file a motion with the family court, outlining each violation and the relief you're seeking.
The motion must be properly served on your co-parent, giving them legal notice of the proceedings.
Both parents will have the opportunity to present evidence and testimony before the judge makes a ruling.
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. Similarly, you cannot retaliate by ignoring established orders related to establishing legal paternity rights. Two wrongs don't make a right, and you could face consequences for your own violations. Always go through the proper legal channels.
The strength of your enforcement case depends on your documentation. Judges need clear evidence that violations occurred, your word alone typically isn't enough.
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.
Understanding the realistic timeline and potential costs helps you make informed decisions about pursuing enforcement.
From filing motion to hearing, depending on court availability and case complexity
For situations involving immediate harm or child safety concerns
Varies based on complexity; may be recoverable from the violating parent
For a more detailed breakdown of what legal representation costs in family law matters, review our comprehensive guide on and family law costs.
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.
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.
To hold someone in contempt, you must prove:
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.
Litigation is expensive and stressful. Before filing a motion for enforcement, consider whether these alternatives might resolve the situation:
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 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.
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.
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.
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.
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:
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.
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 Strategy SessionOccasional 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.
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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