One of the most frustrating and emotionally charged challenges divorced or separated parents face is the issue of parenting time interference. When one parent deliberately obstructs the other’s court-ordered visitation or fails to comply with the terms of a parenting plan, it doesn’t just damage the parent-child relationship—it undermines the authority of the court and the child’s well-being. As a Tampa divorce lawyer with years of experience in Florida family courts, I’ve handled countless cases where parents find themselves battling interference, confusion, and disrespect for their parental rights.
Florida law takes parenting time seriously. When one parent interferes, the other parent has legal remedies—but timing, documentation, and legal strategy are critical. This post will walk you through what parenting time interference looks like in Florida, how courts handle it, and what a Tampa divorce lawyer can do to help you enforce your rights.
Understanding Parenting Time Interference
Parenting time interference occurs when one parent disrupts or prevents the other from exercising their time-sharing rights under a court-approved parenting plan. Interference can be overt, subtle, or chronic, but the key element is that it deprives the other parent of scheduled time with their child.
Common forms of parenting time interference include:
- Refusing to hand over the child at the scheduled time
- Unilaterally rescheduling or canceling visits
- Making the child unavailable for exchanges (e.g., “they’re at a sleepover”)
- Relocating without notice or court permission
- Blocking communication between the child and the other parent
- Making disparaging remarks to discourage visitation
- Coaching the child to refuse time-sharing
Sometimes interference is masked as “protecting the child” or framed as logistical conflict, but repeated, intentional disruption of a parenting plan may be treated as a violation of a court order.
Parenting Plans Are Legal Orders
Under Florida Statutes §61.13, parenting plans are not optional or flexible suggestions—they are legally binding court orders. A parent who violates the terms of a parenting plan without good cause may be held in contempt of court, forced to pay attorney’s fees, or even lose time-sharing privileges themselves.
If your ex is not following the plan as ordered, a Tampa divorce lawyer can help you file the appropriate motions to enforce your rights and restore your time with your child.
Types of Parenting Time Interference
To understand what legal remedies are available, it’s helpful to distinguish between different types of interference:
1. Direct Interference
Direct interference involves physical obstruction of time-sharing, such as:
- Not showing up for exchanges
- Refusing to return the child on time
- Canceling scheduled time without cause
This is the most obvious and actionable form of interference.
2. Indirect Interference
Indirect interference happens when a parent undermines the other parent’s time-sharing without actually denying visits. This includes:
- Talking negatively about the other parent to the child
- Discouraging the child from attending visitation
- Preventing phone or video communication
- Interrogating the child after visits
Indirect interference may not always be immediately visible to the court, but it can be equally damaging and is taken seriously when documented properly.
Florida’s Legal Remedies for Parenting Time Interference
Florida courts offer several enforcement options for parents dealing with time-sharing interference. The key is to respond strategically and with sufficient documentation.
1. Motion for Civil Contempt/Enforcement
One of the most common remedies is filing a Motion for Civil Contempt/Enforcement. This motion asks the court to hold the offending parent in contempt for willfully violating the parenting plan.
If successful, the court can:
- Compensate the non-offending parent with make-up time
- Order payment of attorney’s fees and court costs
- Issue sanctions, including community service or fines
- Modify the parenting plan if interference is persistent
- Order counseling for the offending parent or child
- Suspend time-sharing for the offending parent in extreme cases
To prevail, you must prove that the violation was willful and that you made reasonable efforts to resolve the issue. A Tampa divorce lawyer can guide you in collecting evidence and presenting your case effectively.
2. Motion to Modify the Parenting Plan
If interference is chronic, harmful, or escalating, you may ask the court to modify the existing parenting plan. Florida courts require a “substantial, material, and unanticipated change in circumstances” to justify a modification.
Repeated interference—especially when it affects the child’s emotional well-being—can meet this threshold. A Tampa divorce lawyer can help you build a case for modifying custody, possibly shifting majority time-sharing to the parent who is upholding the court’s orders.
3. Emergency Motion
If a parent has taken or withheld a child and refuses to return them, or if there is a credible threat of flight or harm, your lawyer may file an Emergency Motion. Courts can act quickly in emergency situations to restore custody and prevent parental abduction.
Emergency relief may include:
- Immediate return of the child
- Temporary suspension of the offending parent’s time-sharing
- Law enforcement involvement to enforce custody
While not every interference warrants emergency action, when children are at risk, the court has tools to respond swiftly.
Documenting Interference: Building Your Case
Florida courts rely on facts, not feelings. If you believe the other parent is interfering with your parenting time, documentation is essential.
Tips for documenting interference include:
- Keep a parenting time journal: Log every missed visit, delay, or disruption. Include dates, times, and specifics.
- Save text messages and emails: Digital communication can provide clear proof of interference or refusal to cooperate.
- Record missed visits: Calendars, screenshots, and communication apps can demonstrate patterns.
- Use co-parenting apps: Tools like OurFamilyWizard allow for communication tracking and timestamped exchanges.
- Witnesses: If a third party observes interference or exchanges, their testimony may help support your claims.
A Tampa divorce lawyer will use your documentation to craft a compelling argument to the court and protect your parenting rights.
Parenting Time Interference and Parental Alienation
In extreme cases, repeated interference may amount to parental alienation—a situation where one parent attempts to sabotage the child’s relationship with the other parent. Signs of alienation may include:
- The child expressing unreasonable fear or hatred toward one parent
- The child parroting adult accusations without understanding
- One parent denying the other access or communication for extended periods
Parental alienation can have long-term effects on a child’s emotional health and development. Florida courts consider this behavior harmful and may modify custody to protect the child’s relationship with both parents. A Tampa divorce lawyer with experience in parental alienation cases can bring in child psychologists, evaluators, and other experts to present evidence of emotional manipulation.
False Allegations as Interference Tactics
In some cases, one parent may fabricate or exaggerate claims of abuse, neglect, or misconduct as a strategy to block parenting time. Florida courts take all abuse allegations seriously, but they also scrutinize the credibility of the accusing party—especially if accusations are timed with litigation milestones or unsupported by evidence.
If you are facing false allegations:
- Retain a Tampa divorce lawyer immediately
- Request an independent investigation or psychological evaluation
- Gather evidence (e.g., texts, witness statements) to refute the claim
- Avoid retaliatory behavior, which may be used against you
- Be consistent in asserting your rights and attending scheduled visits
Courts can impose sanctions or modify custody against parents who make false allegations to manipulate time-sharing.
Law Enforcement and Time-Sharing Enforcement
Contrary to popular belief, most police departments will not enforce parenting plans unless specifically ordered by the court. They often view time-sharing disputes as civil matters outside their enforcement authority.
However, if your court order includes specific language authorizing law enforcement to assist with exchanges or recovery of a child, you may be able to involve police. Your Tampa divorce lawyer can help you draft or modify an order to include such provisions if interference continues.
In extreme cases, the court can also issue a Writ of Bodily Attachment or Pick-Up Order, directing law enforcement to retrieve the child and return them to the rightful parent.
The Role of Mediation in Interference Disputes
Sometimes, interference is the result of poor communication, misunderstandings, or logistical issues—not malice. In these cases, mediation may be a viable option. Florida courts often require mediation before litigation, and it can be an effective forum for resolving co-parenting conflicts.
Mediation allows parents to:
- Clarify misunderstandings
- Negotiate new exchange logistics
- Modify the parenting plan to reflect current circumstances
- Avoid the cost and hostility of court hearings
Even if mediation fails, attending it in good faith strengthens your position with the judge. A Tampa divorce lawyer can help prepare you for mediation or determine when litigation is the better route.
Rebuilding Co-Parenting After Interference
In some cases, once legal enforcement has been initiated, parents can return to healthier co-parenting dynamics. The court may require counseling, co-parenting classes, or supervised exchanges to help facilitate a smoother relationship.
Steps toward recovery may include:
- Establishing clearer communication boundaries
- Using neutral exchange locations or third-party supervisors
- Participating in reunification therapy if the child resists visits
- Reaffirming the child’s right to a relationship with both parents
A Tampa divorce lawyer can help you advocate for conditions that support healing while ensuring your time-sharing rights are respected and protected.
Long-Term Consequences of Parenting Time Interference
Parents who habitually interfere with time-sharing can face serious legal consequences beyond make-up time or fines. Long-term effects may include:
- A loss of majority time-sharing if interference harms the child
- Restricted or supervised visitation moving forward
- Court-ordered counseling or parenting education
- Changes in child support obligations, especially if custody is modified
- Criminal contempt charges in extreme or repeated cases
The courts’ focus remains the child’s best interests. If one parent is actively interfering with the child’s right to maintain a bond with the other, courts may intervene decisively to stop the behavior.
FAQ: Parenting Time Interference in Florida
What should I do if the other parent won’t let me see my child?
Document the denial, stay calm, and consult a Tampa divorce lawyer. You may need to file a motion for contempt or enforcement with the court.
Is one missed visit considered interference?
One isolated incident, especially with a valid reason, may not constitute legal interference. However, a pattern of missed or obstructed visits is more likely to be actionable.
Can I withhold child support if I’m being denied visitation?
No. Child support and time-sharing are separate legal obligations. Withholding support can result in enforcement actions against you. Always go through the court.
What is make-up time?
Make-up time is additional time granted to a parent to compensate for time-sharing that was wrongfully denied. Courts often award this when contempt is proven.
What if the child refuses to visit me?
Parents are expected to encourage the child’s relationship with the other parent. If a child consistently resists, the court may order counseling or reunification therapy. A Tampa divorce lawyer can help investigate whether parental alienation is involved.
Can I modify the parenting plan if my ex keeps interfering?
Yes. Repeated or severe interference can qualify as a substantial change in circumstances, justifying a modification of custody or time-sharing.
Will law enforcement help enforce my parenting plan?
Not usually, unless the court order specifically authorizes it. A lawyer can help draft an enforceable order that includes law enforcement provisions if needed.
What if the interference happens across state lines?
Cross-jurisdictional interference may require coordination with courts and law enforcement in both states. A Tampa divorce lawyer can help you navigate these complex situations.
Can I record conversations to prove interference?
Florida is a two-party consent state, meaning you cannot record private conversations without the other party’s permission. However, texts, emails, and public communications may be used as evidence.
How quickly can I get relief from the court?
It depends on the nature and urgency of the case. Emergency motions can be filed for serious violations, while contempt motions may take longer. Your lawyer can help you determine the fastest path to relief.
Parenting time interference is not just a personal grievance—it’s a violation of a court order and a disruption of your child’s right to maintain a healthy relationship with both parents. Whether you’re facing missed visits, emotional manipulation, or full-blown alienation, a skilled Tampa divorce lawyer can help you take swift, effective legal action. Don’t wait for the situation to escalate—protect your rights and your relationship with your child today.
The McKinney Law Group: Divorce Advocacy for Tampa Clients Facing Major Life Changes
Whether you’re relocating, changing careers, or preparing for retirement, divorce affects every area of your life. At The McKinney Law Group, we help Tampa clients create divorce strategies that reflect where they are—and where they’re headed.
We help with:
✔ Post-divorce relocation, parenting plans, and modifications
✔ Spousal support adjustments as circumstances change
✔ Property and debt division that reflects long-term needs
✔ Planning for retirement during or after divorce
✔ Creating a future you can move into with confidence
Life changes. Your divorce plan should change with it.
Call 813-428-3400 or email [email protected] to speak with an experienced Tampa divorce attorney.