What to Do When the Other Parent Doesn't Follow the Parenting Plan in Florida

You have a parenting plan approved by a judge, but the other parent shows up late, cancels at the last minute or simply doesn't hand over the children. It is one of the most frustrating situations in family law, and one of the most common. In Florida, a parenting plan is a court order, and the law gives you tools to enforce it.

First: do you have a court order?

Everything below depends on having a parenting plan or time-sharing schedule signed by a judge. A verbal agreement, or a written one that was never filed with the court, can't be enforced the same way. If you don't have an order yet, the first step is to get one: in a divorce, or in a paternity case if you were never married. Our child custody page and our guide to fathers' rights in Florida explain how.

What to do, step by step

1. Reread the plan. Many conflicts come from a vague plan: no exchange time, no location, no rule on who drives. Before you complain, confirm exactly what the order says.
2. Document every violation. Date, time, what the plan required and what happened. Save the texts and emails. A documented pattern carries far more weight than a general memory that "they never follow it."
3. Communicate in writing, calmly. A short, respectful message ("Under the plan, I was supposed to pick up the kids today at 6:00 p.m. When can I make up that time?") helps you today and helps you later in front of the judge.
4. Try to solve it without a fight. Sometimes the problem is a work schedule that changed. If you both agree to adjust the plan, put it in writing and ask the judge to approve it. Mediation is also an option.
5. File a motion to enforce the order. If nothing works, you file a motion for civil contempt or enforcement in the same case (Florida Supreme Court Form 12.960). The court sets a hearing and both parents get to explain what happened.

What the judge can do

When a parent refuses to honor the schedule without proper cause, Florida law (section 61.13) says the judge must award the other parent makeup time-sharing for the time that was lost. The judge may also:

• order the parent who violated the plan to pay the other parent's court costs and attorney's fees;
• order that parent to attend a parenting course;
• order community service;
• hold that parent in contempt;
• and, if asked and it is in the child's best interests, modify the parenting plan.

Every case depends on its facts and on what you can prove. That is why step 2 matters so much.

What not to do

• Don't stop paying child support. Florida law says it expressly: time-sharing and child support are separate obligations. You can't stop paying because you aren't seeing the children, and the other parent can't deny your time because you owe support.
• Don't take the children by force or keep them longer "to make up for it." That makes you the one violating the order.
• Don't put the children in the middle. Don't use them as messengers or ask them to choose.

What if the child is in danger?

Denying time out of spite is different from denying it because of a real risk (violence, substance abuse, serious neglect). If you believe your child is in danger, there are emergency options, such as a protective injunction or an urgent motion. If the danger is immediate, call 911. And if you are the one withholding the children over a serious concern, talk to a lawyer right away: the judge expects you to ask the court for help, not to change the plan on your own.

How we can help

We represent mothers and fathers in enforcement and contempt cases in Central Florida family courts for a flat fee: $2,000. The first 15-minute phone call is free.

Frequently asked questions