What to Do If Your Ex Violates the Parenting Plan in Florida

What to Do If Your Ex Violates the Parenting Plan in Florida

Quick Answer: Document the violation immediately, then consider your options: direct communication, mediation, or filing a Motion for Contempt. Florida courts take parenting plan violations seriously and can order make-up time, fines, attorney fees, or even jail time for repeat offenders.

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Common Parenting Plan Violations

Time-Sharing Violations

• Refusing to return children on time
• Denying scheduled visitation
• Consistently being late for exchanges
• Keeping children longer than allowed
• Not making children available for scheduled time

Communication Violations

• Blocking phone calls or video chats
• Not responding to messages about the children
• Intercepting communications
• Refusing to share information about children

Decision-Making Violations

• Making major decisions without consulting the other parent
• Enrolling children in activities during other parent's time
• Changing children's school without agreement
• Making medical decisions unilaterally (when shared responsibility)

Travel Violations

• Taking children out of state without notice
• Failing to provide travel itineraries
• Not following passport/travel restrictions

Other Violations

• Disparaging the other parent to children
• Introducing children to new partners against order terms
• Failing to follow specific provisions (religion, activities, etc.)

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Step-by-Step: What to Do When Violation Occurs

Step 1: Document Immediately

Create a record while details are fresh:

What to Document:

• Date and time of violation
• Exactly what happened
• Who was present
• How it affected the children
• Your response
• Any communications (save texts, emails, voicemails)
• Screenshots with timestamps

Documentation Methods:

• Parenting apps (OurFamilyWizard, TalkingParents) with timestamps
• Email confirmations
• Dated journal entries
• Photos with metadata
• Witness statements

Step 2: Assess the Severity

Not all violations warrant court action. Consider:

Step 3: Attempt Direct Resolution

Before going to court, try to resolve it:

Send a Written Communication:

• Reference the specific parenting plan provision
• Describe the violation factually
• Request compliance going forward
• Keep tone business-like, not emotional

Example:

"Per our parenting plan section 4.2, I am entitled to phone contact with the children every Tuesday and Thursday at 7pm. On January 15 and 17, my calls were not answered. Please ensure the children are available for our scheduled calls."

Why This Matters: Courts want to see you attempted resolution before filing motions.

Step 4: Request Mediation

If direct communication fails:

• Florida requires mediation in most family cases
• A mediator can help resolve disputes
• Mediated agreements can be made into court orders
• Less expensive and faster than court

Note: Mediation may not be appropriate for domestic violence situations.

Step 5: File a Motion for Contempt/Enforcement

If violations continue or are severe, file with the court.

→ **Ready to take action?** Our [Motion for Contempt](/services/motion-contempt) service documents violations, prepares the motion, and seeks enforcement of your parenting plan.

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Filing a Motion for Contempt in Florida

Legal Basis

Under F.S. 61.14(6):

"The court shall have jurisdiction to determine and enforce compliance with the terms of the court's final judgment of dissolution, including... any provisions relating to parenting plan matters."

The Family Law Rules (12.615) govern contempt proceedings in family cases.

Types of Contempt

**Civil Contempt:** Designed to compel compliance

• "You'll be released when you comply"
• Make-up parenting time
• Payment of fees

**Criminal Contempt:** Designed to punish

• Definite jail sentence
• Fines
• Requires higher standard of proof

Most parenting plan violations are handled as civil contempt.

What You Must Prove

For contempt, you must show:

Possible Outcomes

If the court finds contempt:

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Special Situations

Emergency Situations

If a violation involves immediate danger to children:

• File an Emergency Motion
• Contact law enforcement if children are in danger
• Seek emergency custody modification

Repeated Minor Violations

For chronic low-level violations:

• Document the pattern over time
• Show cumulative effect on children
• Request structural changes (specific exchange locations, communication protocols)
• Consider requesting a parenting coordinator

→ **Need to modify your parenting plan?** Our [Parenting Plan Modification](/services/modify-parenting) service can help you make structural changes to prevent future violations.

Relocation Violations

If your ex moved or is planning to move with children in violation of the plan:

• This may violate F.S. 61.13001 relocation statute
• File immediately—time matters
• Courts take relocation violations very seriously

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What NOT to Do

Don't Withhold Support

If your ex violates the parenting plan:

• You still must pay child support
• Support and visitation are separate legal obligations
• Withholding support will hurt YOUR case

Don't Engage in Self-Help

Never:

• Take children during the other parent's time
• Physically prevent exchanges
• Engage in confrontations at exchanges
• Violate the plan yourself in retaliation

Two wrongs don't make a right—and will hurt your credibility.

Don't Involve the Children

Never:

• Tell children the other parent is "breaking the law"
• Use children to document violations
• Make children choose sides
• Discuss court matters with children

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Preventing Future Violations

Make Your Parenting Plan Specific

Vague plans lead to disputes. Include:

• Exact exchange times and locations
• Specific holiday schedules with times
• Communication methods and frequency
• Decision-making procedures
• Travel notification requirements

Use Technology

Parenting apps like OurFamilyWizard or TalkingParents:

• Create automatic documentation
• Reduce direct conflict
• Provide timestamps
• Can be ordered by courts

Request a Parenting Coordinator

Under F.S. 61.125, courts can appoint a parenting coordinator for high-conflict cases to:

• Interpret parenting plan provisions
• Resolve day-to-day disputes
• Make minor modifications within scope
• Report persistent issues to court

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Cost-Benefit Analysis

Before filing a motion, consider:

Sometimes documenting and waiting for a clear pattern is strategically better than filing immediately.

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Get Legal Help

Enforcing a parenting plan requires strategic thinking. Schedule a $95 Strategy Session to discuss your situation and options.