When a Florida court finalizes your divorce and approves your parenting plan, the goal is to give both parents and children a sense of structure, security, and predictability. That parenting plan becomes a legally binding court order—and both parties are expected to follow it. But what happens when your ex doesn’t uphold their end of the agreement?
Unfortunately, parenting plan violations are not uncommon. Maybe your ex refuses to return the child on time, consistently shows up late for exchanges, interferes with your scheduled time-sharing, withholds important information about the child, or disregards the plan entirely. No matter the type or frequency of the violation, you have legal rights and remedies available under Florida law.
If you’re dealing with a non-compliant co-parent, it’s important to understand what qualifies as a violation, how to respond, and when to escalate matters legally. A Tampa divorce lawyer can help you enforce your parenting plan and protect your rights—while keeping the focus on the best interests of your child.
What Is a Parenting Plan Violation?
A parenting plan outlines the time-sharing schedule, parental responsibilities, and communication protocols agreed to or ordered by the court. A violation occurs when one parent intentionally disregards these terms without lawful excuse or mutual agreement.
Some common violations include:
- Failing to comply with the time-sharing schedule (e.g., not showing up for pick-ups or drop-offs)
- Refusing to return the child at the agreed-upon time
- Withholding the child from the other parent without court approval
- Unilaterally changing exchange locations or times
- Blocking phone, video, or written communication between the child and the other parent
- Making major decisions (medical, educational, religious) without the other parent’s input
- Taking the child out of state or country without permission
- Disparaging the other parent in front of the child in violation of a non-disparagement clause
Even if these infractions seem minor or happen only occasionally, repeated violations can seriously damage co-parenting relationships and harm the child’s well-being. A Tampa divorce lawyer can help document these issues and determine whether legal enforcement is appropriate.
First Steps: Document the Violation
Before filing anything in court, the most important thing you can do is start keeping accurate, detailed records. Judges rely on evidence, not emotion.
Document the following:
- Dates and times of missed visits, delays, or refusals
- Screenshots of text messages, emails, or voicemails
- Notes of conversations or incidents
- Copies of police reports, if applicable
- School attendance issues linked to missed transitions
- Missed or altered communication (phone or virtual visits)
A Tampa divorce lawyer can help you organize this documentation to build a solid case, especially if violations are repeated or escalating.
Communicate (If Safe and Productive)
Sometimes, parenting plan violations stem from misunderstandings or poor communication. If your co-parent is typically cooperative, consider reaching out—calmly and respectfully—to clarify expectations or propose solutions.
When communicating:
- Stick to facts, not accusations
- Use text or email so there’s a record
- Be specific about what the violation was and what you expect going forward
- Avoid escalating language, threats, or emotional appeals
If communication is high-conflict or not safe, your Tampa divorce lawyer can act as an intermediary or help you file a motion without direct confrontation.
Mediation or Parenting Coordination
Florida law encourages co-parents to resolve disputes without immediately resorting to court. If violations are not severe or dangerous, the court may recommend—or require—mediation or the use of a parenting coordinator before litigation.
Mediation involves a neutral third party helping parents find solutions and modify plans when appropriate.
Parenting coordinators are appointed professionals who assist high-conflict parents with ongoing disputes. They do not make decisions, but they can help with compliance and communication.
If these methods fail—or the violation is serious—a Tampa divorce lawyer can take the next step and initiate legal enforcement.
Filing a Motion for Civil Contempt or Enforcement
If your ex continues to violate the parenting plan, you may need to file a Motion for Civil Contempt and/or Enforcement with the family court that issued the original order.
This motion asks the court to:
- Acknowledge the other parent’s violation
- Enforce the parenting plan
- Penalize the violating parent
- Order remedies to prevent further violations
Your Tampa divorce lawyer will guide you through preparing and filing this motion and ensuring that all necessary documentation is included.
What Happens at the Hearing?
Once your motion is filed, a hearing will be scheduled. Both parents will have a chance to present evidence and testimony. The judge will determine whether a willful violation occurred.
To find a parent in civil contempt, the court must determine that:
- A valid court order exists
- The other parent had the ability to comply
- The violation was willful
- The violation caused harm or interfered with your parenting rights
If the judge finds in your favor, several remedies may be ordered.
Potential Court Remedies for Parenting Plan Violations
Florida family courts have broad discretion in enforcing parenting plans and holding non-compliant parents accountable. Remedies include:
1. Make-Up Time
If your parenting time was denied, the court may award compensatory time. This is often ordered on holidays or weekends and can be extended if multiple violations occurred.
2. Modification of the Parenting Plan
If the court finds a pattern of interference or disregard for the current plan, it may permanently modify the time-sharing schedule in your favor.
3. Contempt Sanctions
The violating parent may face fines, community service, or jail time (though jail is rare in first-time violations unless extreme). The judge may also require the parent to attend parenting classes or counseling.
4. Payment of Attorney’s Fees and Costs
If you prevail, the court may order your ex to pay your legal fees and court costs, especially if the violation was egregious or prolonged.
5. Other Orders
- Requirement to use co-parenting apps for communication
- Supervised visitation
- Additional court reviews or compliance hearings
A Tampa divorce lawyer can help you advocate for appropriate remedies that protect your child and prevent repeat violations.
Emergency Situations: When to Act Fast
If your ex has taken your child out of state without permission, is withholding the child altogether, or has put the child in danger, you may need to file an emergency motion. In severe cases, law enforcement may become involved.
Emergency remedies can include:
- Return of the child to your custody
- Temporary suspension of time-sharing
- Supervised exchanges or visitation
- Protective orders in extreme cases involving abuse or abduction
A Tampa divorce lawyer can help you act quickly in emergency situations by preparing emergency motions and appearing in court on short notice.
False Allegations of Parenting Plan Violations
Just as it’s important to respond to real violations, it’s also crucial to defend yourself if your ex makes false or exaggerated claims. Florida courts take allegations seriously and will expect evidence to support them.
If you’re wrongly accused, your Tampa divorce lawyer can help you:
- Present proof of compliance (text messages, time stamps, witness testimony)
- Demonstrate a pattern of false reporting by your ex
- Request sanctions against your ex for misuse of the court process
Courts frown on using children or litigation to punish the other parent, and false claims can backfire on the accuser.
Should You Call the Police?
Law enforcement can sometimes assist when a parent refuses to return a child or is violating the time-sharing order. However, many police departments consider custody matters “civil” issues and may not intervene unless the child is in danger.
If you do contact the police:
- Bring a copy of your parenting plan
- Remain calm and cooperative
- Get a written incident report
Police reports can be helpful evidence in court. A Tampa divorce lawyer can also advise you on when police involvement is appropriate and what to do afterward.
Preventing Future Violations
To reduce the risk of repeat violations, consider these strategies:
- Use a co-parenting app like OurFamilyWizard or TalkingParents
- Request a parenting coordinator or therapist in the plan
- Add specific language about communication protocols, notice requirements, and consequences for non-compliance
- Include dispute resolution steps before litigation
- Keep a consistent record of violations and attempts to resolve them peacefully
Your Tampa divorce lawyer can work with you to strengthen or revise your parenting plan so that it’s enforceable, realistic, and built to minimize conflict.
When Modification Is the Best Path Forward
If violations continue, the court may not just enforce the current plan—it may agree that a new one is needed altogether. You can request modification of the parenting plan based on:
- Repeated interference or violations
- A pattern of lateness, non-compliance, or denial of time-sharing
- The child’s declining academic, emotional, or physical health due to inconsistency
- Changes in work schedules or living situations
- Parental alienation
Modifications must be based on a substantial, material, and unanticipated change in circumstances and must be in the child’s best interests.
A Tampa divorce lawyer can help you evaluate whether modification is the right course and guide you through the petition process.
Don’t Ignore Violations—Even Minor Ones
Some parents hesitate to pursue legal remedies, especially if the violation seems minor or they’re trying to “keep the peace.” But ignoring a parenting plan violation sends a dangerous message—that court orders can be broken without consequence.
Left unchecked, small violations often become larger problems. Over time, the child may become confused, manipulated, or even alienated from the other parent. A Tampa divorce lawyer can help you take action that’s appropriate and proportionate, whether that means mediation or a court filing.
FAQ
Q: What should I do if my ex won’t let me see my child as ordered?
A: Document the violation, attempt peaceful resolution if appropriate, and consult a Tampa divorce lawyer to file a Motion for Contempt or Enforcement if the behavior continues.
Q: Can I withhold child support if I’m being denied visitation?
A: No. Child support and time-sharing are separate legal obligations. Withholding payment could put you in contempt. The right remedy is filing a motion in court.
Q: What if my ex keeps dropping off our child late?
A: Consistent tardiness can be a violation. Keep a log of dates and times, and discuss with your Tampa divorce lawyer whether to seek enforcement or modification.
Q: Can I record exchanges to prove violations?
A: Florida law requires consent for audio recordings. However, video recordings in public places or written communication like texts are generally admissible.
Q: What if my child doesn’t want to go to the other parent’s house?
A: You are legally required to follow the parenting plan unless the court changes it. If there are safety or emotional concerns, raise them with your Tampa divorce lawyer and the court.
Q: Will I have to go to court if I file a contempt motion?
A: Most likely, yes. A judge will need to hear both sides. Your Tampa divorce lawyer will represent you and present the necessary evidence.
Q: Can I change the parenting plan because of these violations?
A: Possibly. If the violations are serious and ongoing, the court may agree to modify the parenting plan to protect the child’s best interests.
Q: Do I need a lawyer to enforce the plan?
A: While you can file on your own, enforcement motions are technical and best handled by a Tampa divorce lawyer to maximize your chances of success.
Q: How long does it take to get a hearing?
A: It depends on the court’s docket and whether emergency relief is requested. Your lawyer can seek expedited hearings in urgent cases.
Q: Can I get make-up time if I miss my visit?
A: Yes. Courts often award make-up time to compensate for time-sharing that was denied or interfered with by the other parent.
When your ex violates the parenting plan, you’re not powerless—and you’re not alone. Florida family courts expect parents to follow court orders, and when they don’t, legal remedies are available. Whether you’re dealing with occasional disruptions or a pattern of serious interference, a knowledgeable Tampa divorce lawyer can help you document the problem, pursue the appropriate relief, and ensure your child’s best interests—and your parental rights—are protected. Don’t wait for the problem to get worse. Take control, know your options, and enforce your parenting plan with confidence.
The McKinney Law Group: Tampa Divorce Attorneys Committed to Protecting Your Peace of Mind
At The McKinney Law Group, we believe that every client deserves a divorce process that’s clear, strategic, and focused on their well-being. We help Tampa clients navigate divorce with the legal tools and emotional support needed to protect their future.
We assist with:
✔ Equitable division of marital property, retirement accounts, and businesses
✔ Alimony guidance based on lifestyle and financial needs
✔ Creating parenting plans that promote consistency and stability
✔ Resolving disputes efficiently through mediation or litigation
✔ Providing practical, step-by-step legal counsel from start to finish
You don’t have to go through this alone—we’re here to help you move forward with clarity and strength.
Call 813-428-3400 or email [email protected] to schedule your Tampa divorce consultation today.