Parenting time schedules are put in place to help ensure that children maintain meaningful relationships with both parents after separation or divorce. However, not all parents follow these orders consistently, leading to frustration, conflict and emotional harm for children.
In Florida, parenting plans are court-ordered agreements that set out each parent’s responsibilities and time-sharing arrangements. When one parent refuses to comply with their parenting plan—by denying visits, refusing exchanges or constantly canceling scheduled time, for example—the other parent can seek legal enforcement. Florida courts view parenting time as a child’s right, not just a parent’s privilege, and take violations seriously.
If your co-parent isn’t cooperating
If your ex is not following your family’s formalized parenting plan, document every missed visit, late exchange or refusal to communicate. Keep detailed records including dates, times and what occurred. Text messages, emails and call logs can support your case if court action becomes necessary. Clear documentation can demonstrate a pattern of behavior that could sway a judge if intervention becomes necessary.
Under Florida law, you can file a Motion for Civil Contempt/Enforcement if the other parent willfully refuses to comply with the parenting plan. The court will review the evidence and, if it finds a violation, can order make-up parenting time, modify the schedule or impose other remedies. Judges may require the violating parent to pay the other parent’s attorney fees and court costs. In some cases, repeated and intentional denial of parenting time can lead to changes in custody arrangements.
Florida courts generally do not tolerate self-help remedies. For example, if your ex denies you visitation, you cannot withhold child support in response. Both child support and parenting time are independent obligations. Instead, pursue enforcement through proper legal channels to avoid jeopardizing your own standing before the court.
Sometimes, violations stem from misunderstandings about the schedule or logistical challenges such as transportation or work conflicts. Before filing a motion, it may be worth trying to resolve the issue through written communication or mediation if it appears unintentional. However, if efforts to resolve the problem fail or if the behavior is intentional and ongoing, legal enforcement is likely the appropriate next step.
