A parenting plan is supposed to bring stability to a child’s life after a divorce or paternity case. It sets out when the child is with each parent, how holidays are divided, where exchanges happen, and how the parents communicate. When both parents follow it, the plan does its job quietly in the background. When one parent starts ignoring it, the effects are felt quickly: missed weekends, canceled holidays, children caught in the middle, and a growing sense of frustration for the parent who is following the rules.
Florida law takes time-sharing violations seriously. A court-ordered parenting plan is not a set of suggestions, and Florida Statutes give judges a range of tools to respond when a parent refuses to honor it. Those tools include make-up time-sharing, attorney’s fees, parenting courses, contempt sanctions, and in some cases a change to the parenting plan itself. Knowing how these remedies work, and what a court expects to see before using them, can help a parent respond effectively rather than reacting in ways that make the situation worse.
What Counts as a Time-Sharing Violation?
A time-sharing violation occurs when a parent fails to follow the schedule or related terms set out in a court-ordered parenting plan. Some violations are obvious, while others are more subtle but still damaging over time. Common examples include:
- Refusing to turn the child over at the scheduled time or location.
- Repeatedly arriving late to exchanges or canceling the other parent’s time at the last minute.
- Keeping the child beyond the end of a scheduled period, such as failing to return the child after a holiday or summer visit.
- Enrolling the child in activities that consistently conflict with the other parent’s time without agreement.
- Blocking or interfering with phone or video contact that the parenting plan allows.
- Taking the child out of the area or out of state without following the parenting plan’s travel provisions.
- Refusing to share information or decision-making as required under shared parental responsibility.
Not every disagreement amounts to a violation that a court will act on. A single late exchange caused by traffic, or a one-time schedule change that the parents worked out by text, is unlikely to support sanctions. Judges in the Thirteenth Judicial Circuit, which handles family cases in Hillsborough County, generally focus on patterns of behavior and on conduct that deprives a child of meaningful time with a parent. The more consistent and deliberate the interference, the more likely a court is to step in.
Why You Should Not Respond With Self-Help
When a parent’s time is being withheld, it is natural to want to respond in kind. Some parents stop paying child support. Others refuse to return the child at the end of their own time until the other parent “makes it right.” These reactions are understandable, but they almost always backfire.
Florida law treats child support and time-sharing as separate obligations. A parent who is owed child support may not refuse to honor the other parent’s time-sharing because support has not been paid. The reverse is also true: a parent whose time-sharing is being denied may not stop paying court-ordered support. Each violation is addressed through the court, not through retaliation.
Self-help also undermines the credibility a parent needs when asking a judge for relief. A parent who arrives at an enforcement hearing having violated the parenting plan in response may find that the court views both parents as part of the problem. The far stronger position is to keep following the order, document what the other parent is doing, and seek relief through the proper legal channels. A Tampa custody lawyer can help a parent decide which remedy fits the situation and how quickly to pursue it.
Florida’s Statutory Remedies for Time-Sharing Violations
The primary enforcement statute is Section 61.13(4)(c) of the Florida Statutes. It applies when a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause. When the court finds that a violation of this kind has occurred, the statute directs the court to order make-up time-sharing and gives it discretion to impose additional sanctions. Those additional remedies include:
- Ordering the violating parent to attend a parenting course approved by the judicial circuit.
- Ordering the violating parent to perform community service, as long as doing so would not interfere with the welfare of the child.
- Ordering the violating parent to pay the other parent’s reasonable court costs and attorney’s fees incurred in enforcing the parenting plan.
- Modifying the parenting plan, upon request of the nonviolating parent, if modification is in the child’s best interests.
- Imposing any other reasonable sanction the court finds appropriate.
These remedies are flexible by design. A judge can tailor the response to the seriousness of the violation, the history between the parents, and what will best protect the child’s relationship with both parents going forward. For a first, relatively minor pattern of interference, make-up time and a warning may be enough. For a parent who has repeatedly and deliberately withheld a child, the court may combine several remedies at once.
What Does “Without Proper Cause” Mean?
The enforcement statute applies to violations that occur without proper cause. This phrase matters because some refusals to follow the schedule are legitimate. Examples that may constitute proper cause include a genuine medical emergency, severe weather, or a real and immediate concern for the child’s safety.
The proper cause standard is not a blank check, however. A parent who claims safety concerns should be prepared to back them up with evidence, and should generally seek emergency relief from the court rather than simply withholding the child indefinitely. If a parent believes the child is in danger during the other parent’s time, the appropriate step is to file an emergency motion, contact law enforcement or the Florida Department of Children and Families when warranted, and let the court decide. Unilaterally canceling time-sharing based on general disagreements about parenting style, new partners, bedtimes, or screen time is very unlikely to qualify as proper cause.
Courts are also skeptical of explanations that appear only after a violation is challenged. A parent who withheld the child for a month without raising any concern, and then claims a safety issue at the enforcement hearing, will likely face hard questions about why nothing was done sooner.
How Make-Up Time-Sharing Works
Make-up time-sharing is the most common remedy in Florida enforcement cases, and it is often the most meaningful for families. The goal is straightforward: to restore to the child and the wronged parent the time that was lost.
Under the statute, the court first calculates the amount of time-sharing that was missed. It then orders make-up time-sharing to be scheduled at the convenience of the parent who did not violate the plan, in a manner consistent with the child’s best interests. That detail is significant. The parent who caused the problem does not get to dictate when the make-up time occurs. The nonviolating parent generally has the opportunity to propose when the time will be taken, subject to the court’s oversight and the child’s needs, such as school schedules and important activities.
In practice, make-up time may take the form of additional weekends, extended summer time, an extra holiday, or a block of days during a school break. When the amount of missed time is substantial, courts sometimes spread make-up time over several months to avoid disrupting the child’s routine.
Accurate records are essential to getting a fair make-up award. A parent seeking make-up time should be prepared to show exactly which days and hours were missed, what the parenting plan required, and how the other parent refused or failed to comply. A Tampa child custody attorney can help organize that information into a clear presentation the court can rely on when calculating the time owed.
Attorney’s Fees as a Sanction for Interference
Enforcing a parenting plan costs money, and Florida law recognizes that the parent who caused the problem should often be the one who pays for it. The enforcement statute allows the court to order a violating parent to pay the other parent’s reasonable court costs and attorney’s fees.
This remedy is different from the general fee statute that applies in many family law cases. Under the general statute, courts typically consider each party’s financial need and ability to pay. When fees are awarded as a sanction for refusing to honor time-sharing, the focus is on the misconduct rather than on comparing the parents’ finances. Florida appellate decisions have recognized this distinction, which means a parent who deliberately interferes with time-sharing can be ordered to cover the other parent’s legal bills even when the two parents have similar incomes.
The possibility of a fee award is one reason it is worth consulting a Tampa custody lawyer early. A parent who might otherwise hesitate to pursue enforcement because of cost may be able to recover a significant portion of those expenses if the court finds the other parent acted without proper cause.
Contempt of Court for Time-Sharing Violations
Contempt is one of the most powerful enforcement tools available in Florida family court. A parent who willfully disobeys a court order, including a parenting plan incorporated into a final judgment, may be held in contempt.
Florida recognizes two general types of contempt in family cases, and they serve different purposes.
Civil Contempt
Civil contempt is designed to coerce compliance, not to punish. When the court finds a parent in civil contempt, it must give that parent a way to correct the violation, known as a purge provision. In a time-sharing case, the purge might require the violating parent to provide specific make-up days, deliver the child for a scheduled exchange, or pay the other parent’s attorney’s fees by a set date. If the parent complies with the purge, the contempt is resolved. If not, the court can impose further consequences, which may include incarceration in serious cases, but only if the parent has the present ability to comply with the purge.
To establish civil contempt, the moving parent generally needs to show that there is a clear court order, that the other parent knew about it, and that the other parent willfully failed to comply. The burden then shifts to the alleged violator to show that the failure was not willful or that compliance was not possible.
Indirect Criminal Contempt
Indirect criminal contempt is designed to punish past misconduct and vindicate the authority of the court. Because it can result in jail time or fines that cannot be purged, it carries significant procedural protections. The accused parent is entitled to formal notice through an order to show cause, the opportunity to be represented by counsel, and proof beyond a reasonable doubt. Criminal contempt is generally reserved for egregious or repeated violations where civil remedies have not worked.
Why the Wording of the Parenting Plan Matters
Contempt depends on a clear and specific order. If the parenting plan is vague, such as providing for “reasonable” or “liberal” time-sharing without a defined schedule, it can be very difficult to prove that a parent willfully violated it. This is one reason experienced Hillsborough County family law attorneys emphasize detailed parenting plans from the start. Exact exchange times, locations, holiday rotations, and communication terms make the plan easier to follow and easier to enforce.
Motion to Enforce Versus Motion for Contempt
In Florida, a parent seeking relief for time-sharing violations commonly files a motion for civil contempt and/or enforcement. While the two remedies are often requested together, they are not identical.
A motion to enforce asks the court to require compliance with the existing order and to grant remedies such as make-up time and attorney’s fees under the enforcement statute. It focuses on correcting the problem and does not necessarily require the court to find the type of willful defiance needed for contempt.
A motion for contempt asks the court to find that the other parent willfully disobeyed the order and to impose contempt sanctions. It requires a stronger showing but also opens the door to more forceful consequences.
The right approach depends on the facts. A parent dealing with a co-parent who has been careless or disorganized may be best served by enforcement and clearer terms. A parent dealing with deliberate and repeated withholding of the child may need the additional leverage that contempt provides. A Tampa family law attorney can evaluate the evidence and recommend which relief to request, and in many cases both are requested in the alternative.
Can Repeated Violations Lead to a Change in Custody?
Yes, in the right circumstances. The enforcement statute allows the court, upon request of the parent who did not violate the schedule, to modify the parenting plan if modification is in the best interests of the child. Florida’s best interest factors also look at each parent’s demonstrated capacity to facilitate and encourage a close and continuing relationship between the child and the other parent, and to honor the time-sharing schedule.
A parent who consistently interferes with the other parent’s relationship with the child is, in effect, providing evidence against one of the factors courts weigh most heavily. Over time, that pattern can support a significant change, including a shift in the majority of time-sharing.
Florida appellate courts have made clear, however, that modifying a parenting plan as a sanction should be handled carefully. A modification generally requires proper pleadings, notice to the other parent, and findings that the change serves the child’s best interests. Courts have described a change in custody as a remedy of last resort in the enforcement context rather than an automatic consequence of a single violation. A parent who wants to pursue this path should expect to file a supplemental petition for modification and to present evidence on the full range of best interest factors.
What If the Other Parent Simply Does Not Show Up?
Not every time-sharing problem involves a parent who withholds the child. Sometimes the issue is the opposite: a parent who repeatedly fails to exercise their own time-sharing, cancels without notice, or disappears for weeks at a time.
Florida courts generally cannot force a parent to spend time with a child. However, a parent’s failure to exercise time-sharing can still have legal consequences. Child support in Florida is often calculated based on the number of overnights each parent is expected to have. If a parent regularly fails to exercise the time-sharing that was used to calculate support, the court may recalculate child support to reflect the actual arrangement. Consistent failure to show up can also be relevant evidence in a future modification case, particularly if the parenting plan no longer reflects how the child actually lives.
A parent dealing with this situation should continue to make the child available as the parenting plan requires and keep careful records of missed time. That documentation protects the parent from later accusations of interference and supports any request to adjust support or the parenting plan.
What If a Child Refuses to Go?
One of the more difficult situations arises when a child, often a teenager, says they do not want to go to the other parent’s home. Parents frequently ask whether they can be held responsible when it is the child, not the parent, who is refusing.
Florida courts generally expect parents to use their parental authority to ensure compliance with the parenting plan. A parent cannot simply leave the decision to the child and then claim there was nothing to be done. Courts look at whether the parent took reasonable steps to encourage the child to attend, such as discussing the importance of the relationship, imposing the same kinds of consequences the parent would use for other rules, and avoiding comments that undermine the other parent.
At the same time, judges recognize that older children have their own views, and a child’s resistance may sometimes signal a deeper problem that needs attention. In those cases, the appropriate response may be family counseling, reunification therapy, or a request to modify the plan, rather than continued conflict over each exchange. A Tampa custody lawyer can help a parent respond in a way that protects the child while also protecting the parent from claims of interference.
Can Law Enforcement Help With a Time-Sharing Violation?
Parents are often surprised to learn that police officers may be reluctant to intervene in time-sharing disputes. In many situations, officers treat a missed exchange as a civil matter for the family court to resolve, especially when the parenting plan does not contain specific language directing law enforcement to assist.
When a child has been taken or concealed in a way that creates a risk of serious harm or removal from the state, Florida law provides more urgent remedies. These may include emergency motions, orders directing the return of the child, and in serious cases, a court-issued pick-up order that law enforcement can execute. In extreme situations, interference with custody can also have criminal consequences. Because these situations move quickly, a parent facing a potential abduction or concealment should contact a Tampa custody lawyer and law enforcement immediately rather than waiting to see whether the child is returned.
How to Document Time-Sharing Violations
Strong documentation is often the difference between a successful enforcement action and a frustrating hearing that ends with a warning. Judges decide cases based on evidence, and a parent who can show a clear pattern is in a much better position than one who relies on general recollections. Useful steps include:
- Keep a time-sharing log. Record each scheduled exchange, whether it occurred, the time the child was actually delivered or returned, and any explanation given.
- Communicate in writing. Text messages, emails, and co-parenting apps create a record that can be presented to the court. Keep communications calm, brief, and focused on the child.
- Save every relevant message. Screenshots should show dates and times. Avoid deleting conversations, even unpleasant ones.
- Note the impact on the child. Missed holidays, birthdays, school events, and important milestones help the court understand what was lost.
- Identify witnesses. Neutral third parties who were present at exchanges, such as relatives, coaches, or school staff, may be able to provide useful testimony.
- Keep following the plan. Your own consistent compliance is part of your evidence.
The more organized the documentation, the easier it is for a Tampa child custody attorney to calculate missed time, demonstrate willfulness, and request appropriate make-up time and fees.
What Should You Do If You Are Accused of Violating Time-Sharing?
Enforcement cases do not only involve parents seeking relief. Many parents find themselves on the receiving end of a motion and believe the accusations are unfair or incomplete. If you have been served with a motion for contempt or enforcement, take it seriously and respond promptly.
Begin by gathering your own records, including messages showing schedule changes the other parent agreed to, evidence of emergencies or illness, and any communications in which you raised concerns about the child’s welfare. A documented, good faith reason for a missed exchange can be the foundation of a proper cause defense. Equally important, if you have fallen behind on the schedule, the best course is often to begin complying immediately and to offer reasonable make-up time. Courts tend to respond more favorably to a parent who acknowledges a problem and corrects it than to one who doubles down. An experienced custody attorney in Tampa can help you evaluate the strength of the claims against you and present your side clearly.
How a Tampa Custody Lawyer Can Help Enforce Your Parenting Plan
Time-sharing disputes are personal and emotionally charged, and they often involve a long history between the parents. A knowledgeable Tampa custody lawyer brings structure and strategy to that situation. Legal counsel can review the parenting plan to determine whether its terms are specific enough to enforce, assess whether the facts support enforcement, contempt, or modification, prepare the necessary motions, and present the evidence in a way that addresses what Florida courts look for.
In many cases, a well-prepared enforcement motion also encourages resolution. When the violating parent understands the potential consequences, including make-up time, fee awards, and the risk of a parenting plan modification, the parties are often able to reach an agreement on make-up time and clearer terms through mediation. When agreement is not possible, thorough preparation gives the court what it needs to act.
If the other parent is not following your parenting plan, or if you are facing allegations that you have violated it, speaking with a Tampa custody lawyer can help you understand your options and protect your relationship with your child.
Frequently Asked Questions About Time-Sharing Violations in Florida
Can I withhold my child if the other parent is not paying child support?
No. Florida law treats child support and time-sharing as separate obligations, and a parent may not refuse to honor the time-sharing schedule because support has not been paid. Withholding the child can expose you to make-up time, fee awards, and contempt. Unpaid support should be addressed through a separate enforcement action.
How much make-up time-sharing will the court award?
The court calculates the amount of time-sharing that was actually missed and orders make-up time to address it. The make-up time is generally scheduled at the convenience of the parent who did not violate the plan, as long as it is consistent with the child’s best interests. Detailed records of each missed period help the court arrive at an accurate figure.
Can the other parent go to jail for violating the parenting plan?
It is possible, but incarceration is uncommon and typically reserved for serious or repeated violations. In civil contempt, jail can be used only if the parent has the present ability to comply with a purge provision and refuses. Indirect criminal contempt can result in punishment for past conduct, but it requires formal notice and proof beyond a reasonable doubt.
Will the judge make the other parent pay my attorney’s fees?
The court may order a parent who refused to honor the time-sharing schedule without proper cause to pay the other parent’s reasonable attorney’s fees and costs. Because this remedy is a sanction for misconduct, the court does not necessarily need to compare the parents’ incomes. A Tampa custody lawyer can advise whether a fee request is likely to succeed based on your facts.
Can repeated violations change which parent has the majority of time-sharing?
Yes, if the court finds that a modification is in the child’s best interests. Florida courts consider each parent’s willingness to support the child’s relationship with the other parent, and a pattern of interference can weigh heavily. A modification usually requires a supplemental petition and proper notice, and courts treat it as a significant step rather than an automatic penalty.
What counts as a valid reason to miss a scheduled exchange?
A genuine emergency, a serious illness, or a legitimate and immediate safety concern may qualify as proper cause. General disagreements about parenting or the other parent’s lifestyle usually do not. If you believe your child is unsafe, seek emergency relief from the court rather than withholding the child on your own.
Should I call the police if the other parent will not return my child?
You can, and in urgent situations involving safety or a risk the child will be taken out of the area, you should. However, officers often treat routine time-sharing disputes as civil matters unless the order directs them to assist. A family law attorney in Tampa can seek an emergency order or pick-up order that gives law enforcement clear authority to act.
How long does it take to get a hearing on a time-sharing violation?
Timelines vary depending on the court’s calendar and the urgency of the situation. Routine enforcement and contempt motions may take several weeks or longer to be heard, while true emergencies can be addressed much more quickly. Filing promptly and keeping thorough documentation helps avoid unnecessary delay.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group Family & Divorce Lawyers, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.