What Happens When You Violate a Florida Parenting Plan?
When the ink dries on your parenting plan, it becomes more than just a document – it’s a legally binding court order that both parents must follow. Breaking these rules isn’t just disappointing for your co-parent and children; it can lead to serious legal trouble.
The consequences of not following the parenting plan in Florida range from minor corrections to life-changing penalties. Courts don’t take these violations lightly because they directly impact the well-being of children caught in the middle.
Florida law doesn’t mess around when it comes to parenting plan violations. Under Florida Statute § 61.13, the court is required to award make-up time when one parent interferes with the other’s time-sharing rights. This isn’t optional – it’s mandatory. To make sure your parenting plan is one you can follow, talk to the divorce attorneys at Untying the Knot.
Florida Parenting Plans 101: Rules, Rights, & Common Violations
What Counts as a Violation (Willful vs. Non-Willful)?
Florida courts don’t treat all parenting plan violations the same way. The most important distinction is whether you knowingly broke the rules (willful) or couldn’t help it due to circumstances beyond your control (non-willful).
- Willful violations happen when you deliberately ignore the parenting plan, knowing you’re breaking the agreement. These might include bringing your child home two hours late without a good reason, repeatedly canceling the other parent’s weekends, or taking your child on an out-of-state trip without required permission. Even consistently interfering with phone calls or making major decisions solo when joint decisions are required can count as willful violations.
- Non-willful violations, on the other hand, happen when life throws curveballs. Maybe you’re stuck in unexpected traffic after an accident closed the highway, or your child needed emergency medical care. Perhaps your boss required last-minute overtime with no notice, or there was a genuine miscommunication where both parents thought they were doing the right thing.
What matters to Florida judges is the pattern they see. Everyone has occasional hiccups — being 15 minutes late once due to heavy rain isn’t likely to land you in hot water. But if you’re consistently an hour late every Friday with no explanation, that pattern suggests willful disregard for the court order.
Legitimate Excuses & Safety Exceptions
While the consequences of not following a parenting plan in Florida can be serious, courts recognize certain legitimate exceptions:
- Child’s Health and Safety: When your child has a serious illness — we’re talking about more than just sniffles, but something requiring medical care — it may be reasonable to delay an exchange until they’re well enough to travel. Just be sure to notify the other parent immediately and keep doctor’s notes as documentation.
- Domestic Violence or Abuse: If you have a genuine, reasonable belief that your child would be in danger during the other parent’s time-sharing, protecting your child comes first. However, this doesn’t mean you can simply deny access indefinitely. You must file for emergency modification with the court right away to follow proper channels.
- Natural Disasters: Florida parents know all too well that hurricane season can disrupt the best-laid plans. During state-declared emergencies with mandatory evacuations, safety trumps the parenting schedule. Courts understand when parents must deviate from the plan during genuine natural disasters.
- Child’s Strong Refusal: While technically not an exception (as parents should encourage the relationship with the other parent), sometimes older children’s determined refusals create practical challenges. This situation requires careful handling — document what’s happening and address it through proper legal channels rather than using it as a convenient excuse.
Whatever the exception, proper documentation is your best friend. Keep detailed records of medical reports, all communications with your co-parent about the issue, efforts you made to comply despite difficulties, and any official emergency declarations.
Consequences of Not Following a Parenting Plan in Florida
The consequences of not following the parenting plan in Florida can be serious and far-reaching. Florida family courts don’t take these violations lightly—and for good reason. When parents ignore court-ordered plans, it’s children who often suffer the most.
Under § 61.13(4)(c), Fla. Stat., the law spells out clear penalties for parents who willfully break time-sharing agreements. At minimum, courts must award make-up time to the parent who was unfairly denied their scheduled time with their child. But that’s just where the consequences begin.
Immediate Consequences of Not Following the Parenting Plan in Florida
When one parent files a motion because the other isn’t following the plan, certain consequences kick in almost automatically:
- Mandatory Make-Up Time isn’t optional or up to the judge’s discretion. Florida law requires courts to award additional time to the parent who missed out. This make-up time typically happens on the wronged parent’s terms, not when it’s convenient for the parent who caused the problem.
- Attorney’s Fees and Court Costs often follow violations, too. Under § 61.13(4)(c)(2), courts can order the non-compliant parent to pay for the other parent’s legal expenses. These costs add up quickly, often running into thousands of dollars for even relatively simple enforcement actions.
Think of it this way: if a dad repeatedly denies a mom her Wednesday evening visits for a month without good reason, he might end up paying for her lawyer and giving up four of his own evenings as make-up time. The financial and emotional costs of non-compliance can be steep.
Serious Consequences of Not Following a Parenting Plan in Florida:
For parents who repeatedly violate parenting plans or commit serious violations, the consequences become much more severe:
- Civil Contempt vs. Criminal Contempt proceedings represent different approaches courts take. With civil contempt, the goal is to get the parent to comply (they can avoid penalties by following the order). Criminal contempt is about punishment for deliberate violations. Both can result from ignoring parenting plans.
- Purge Conditions give violating parents specific actions to take to avoid or end sanctions. These might include returning a child who was wrongfully kept, completing parenting classes, or paying overdue support. Think of them as a “to-do list” to get back in the court’s good graces.
- Jail Time, while not common for first offenses, becomes a real possibility for parents who repeatedly disregard court orders. There have been cases where parents spent weekends in jail after multiple violations and continued defiance of court authority.
- Perhaps most concerning for many parents is the risk of Modification of Time-Sharing. Under § 61.13(4)(c)(6), repeated violations can lead the court to change the entire parenting plan. In plain English: you could lose significant time with your child if you can’t follow the rules.
Fixing the Problem: Enforcement Motions, Evidence, & Plan Modifications
If your co-parent is violating your parenting plan, taking the right steps is crucial:
- Document Everything carefully. Keep a detailed journal of every missed exchange, denied phone call, or unauthorized decision. Save texts, emails, and voicemails that show the violations. Good documentation is often the difference between winning and losing an enforcement case.
- Before rushing to court, Attempt Resolution directly with your co-parent when possible. A thoughtful email saying, “I’ve noticed you’ve been bringing Sophie back late on Sundays. This is causing problems with her bedtime routine. Can we talk about solutions?” shows the court you tried to be reasonable.
- When direct communication fails, you’ll need to File the Right Motion—whether that’s a Motion for Enforcement, a Motion for Contempt, or in serious cases, a Supplemental Petition to Modify using Form 12.905(a).
- Gather Strong Evidence that clearly shows the violations were willful, not accidental or unavoidable. Courts need “clear and convincing evidence” before imposing serious sanctions. This might include witness statements, communication records, or even location tracking data from parenting apps.
- Many Florida courts require Mediation before a hearing. At Untying The Knot, we are experienced in helping parents resolve these conflicts without escalating tensions. Mediation often leads to better solutions than having a judge decide, and it teaches valuable communication skills for future co-parenting challenges.
What should you avoid doing? Don’t withhold child support as revenge for denied time-sharing. Don’t deny your co-parent their time in retaliation. Don’t discuss the conflict with or in front of your children. And never make false allegations to gain advantage—courts see through these tactics, and they often backfire dramatically.
Contact Untying the Knot For Help Settling Your Parenting Plan
At Untying The Knot, we understand that co-parenting after divorce is challenging. Our Winter Park, Florida mediation services help parents steer these difficulties without the expense and conflict of courtroom battles.
While the consequences of not following a parenting plan in Florida can be severe, the greatest cost is often to your co-parenting relationship and your children’s emotional well-being. Children benefit most when parents can work together, even after separation.
If you’re struggling with a co-parent who consistently violates your parenting plan, or if you need to modify a plan that no longer works for your family, we can help guide you through the process with minimal conflict. Contact us today to schedule a consultation.