How Parenting Plans Are Enforced in Florida Family Law Cases

Introduction

A parenting plan is a legally binding document that establishes how divorced or separated parents will share custody, time-sharing, and parental responsibilities. While Florida courts encourage cooperation between parents, disputes often arise when one parent fails to comply with the agreed-upon parenting plan. When a parent refuses to follow the plan, the other parent has legal options to enforce it.

This guide explains how Florida courts enforce parenting plans, what actions constitute violations, and what parents can do if their co-parent fails to comply.

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Common Parenting Plan Violations

A parenting plan violation occurs when one parent does not follow the terms of the court-ordered agreement. Common violations include:

• Refusing to allow the other parent their court-ordered time-sharing.
• Consistently returning the child late from visitations.
• Denying phone or video communication between the child and the other parent.
• Relocating the child without court approval.
• Making major medical, educational, or religious decisions without consulting the other parent in a shared parental responsibility arrangement.

Minor scheduling conflicts can often be resolved between parents, but repeated or serious violations may require legal action.

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How Florida Courts Enforce Parenting Plans

If one parent violates a parenting plan, Florida law provides legal remedies to enforce compliance. The most common enforcement methods include:

1. Contempt of Court Proceedings

• If a parent deliberately violates a parenting plan, the other parent can file a motion for contempt.
• The violating parent must appear before a judge to explain their actions.
• If found in contempt, the court may impose penalties, including fines, community service, or jail time in severe cases.

2. Make-Up Time-Sharing

• Florida courts may order additional time-sharing for the parent who was wrongfully denied time with their child.
• This ensures that the child maintains a strong relationship with both parents despite prior violations.

3. Modification of the Parenting Plan

• If one parent repeatedly violates the parenting plan, the other parent may request a modification.
• Courts may adjust custody and time-sharing arrangements to ensure compliance and protect the child’s best interests.

4. Fines and Financial Penalties

• A parent who repeatedly violates a parenting plan may be ordered to pay the other parent’s legal fees or face monetary sanctions.

5. Mandatory Parenting Courses or Mediation

• In some cases, courts may require parents to attend co-parenting classes or mediation to resolve ongoing disputes.

Enforcing a parenting plan through the courts requires clear evidence of violations and proper legal procedures.

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Steps to Take If a Parent Violates a Parenting Plan

If your co-parent is not following the parenting plan, follow these steps to document violations and take legal action if necessary:

1. Keep a Detailed Record

• Document every violation, including dates, times, and missed visitations.
• Save emails, text messages, and voicemails that show refusals to comply.
• Keep a log of canceled visits and late pick-ups or drop-offs.

2. Communicate With the Other Parent

• Attempt to resolve minor issues directly with the other parent.
• Use written communication, such as email or a co-parenting app, to document efforts to cooperate.

3. File a Motion for Contempt or Enforcement

• If the other parent refuses to follow the parenting plan, file a motion for contempt or enforcement with the family court.
• Provide evidence of repeated violations and request appropriate legal remedies.

4. Attend the Court Hearing

• If the case goes to court, both parents will present their arguments.
• The judge will determine whether the violating parent is in contempt and what penalties, if any, should be imposed.

Taking these steps promptly can help prevent continued parenting plan violations and protect the child’s relationship with both parents.

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What Happens If a Parent Relocates the Child Without Court Approval?

Relocating a child without following Florida’s legal requirements is a serious violation of the parenting plan. If a parent moves more than 50 miles away for more than 60 consecutive days without obtaining court approval, the other parent can:

• File an emergency motion to return the child to the original location.
• Request a custody modification to limit the violating parent’s time-sharing rights.
• Seek contempt charges, which may result in legal penalties for the violating parent.

Florida law protects the non-relocating parent’s rights and ensures that moves do not interfere with the child’s stability.

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Defenses Against Parenting Plan Violation Allegations

If a parent is accused of violating a parenting plan, they may defend themselves by proving:

• The other parent agreed to a schedule change but later changed their mind.
• An emergency or unavoidable circumstance prevented compliance.
• The alleged violation was due to a misunderstanding or miscommunication.

Providing evidence, such as text messages or emails, can help defend against false allegations.

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How a Family Law Attorney Can Help

A family law attorney can assist with:

• Filing motions for contempt or enforcement against a parent violating a parenting plan.
• Representing parents in court hearings to enforce time-sharing arrangements.
• Negotiating modifications if circumstances have changed.
• Defending against false accusations of non-compliance.

At Bonderud Law, we help parents protect their rights and ensure that court-ordered parenting plans are enforced. If you need assistance with a custody enforcement issue, contact us today for a free consultation.

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Conclusion

Parenting plan violations can disrupt a child’s life and create unnecessary conflict between parents. Florida law provides multiple enforcement options, including contempt proceedings, make-up time-sharing, and modifications to custody arrangements.

If you are facing parenting plan disputes or enforcement issues, consulting with an experienced family law attorney can help you take the necessary steps to protect your parental rights and ensure that the child’s best interests remain the priority.