Enforcing A Florida Custody Order When The Other Parent Refuses To Comply
A parenting plan approved by a Florida court is not a suggestion. It is a binding order, and when one parent decides to ignore it, whether by withholding time-sharing, showing up late, or refusing to follow the agreed schedule altogether, the other parent has legal options. Knowing what those options look like can make the difference between an ongoing pattern of violations and a resolution that actually sticks.
A parenting plan carries the weight of a court order
Once a judge signs off on a time-sharing schedule, both parents are legally required to follow it. This includes pick-up and drop-off times, holiday arrangements, and communication requirements. A parent who unilaterally decides the schedule no longer works for them, without going back to court, is not exercising a right. They are violating a court order.
What the law allows a frustrated parent to do
Florida Statute 61.13(4) gives judges a range of tools to address a parent who will not follow the time-sharing schedule. Depending on the circumstances, a court may order makeup time-sharing to compensate for what was missed, require the noncompliant parent to attend a parenting course, order payment of the other parent’s attorney’s fees and court costs, or modify the parenting plan itself. In more serious or repeated cases, a judge can hold the violating parent in contempt of court.
Building a strong enforcement case
Before heading to court, it helps to have a clear record. Text messages, emails, missed exchange logs, and any documentation showing a pattern of noncompliance can support your case. A single missed exchange due to a genuine emergency is treated differently than a parent who consistently refuses to cooperate. Judges look for a willful pattern, not an isolated incident with a reasonable explanation.
Avoid retaliating on your own
It can be tempting to respond to a violation by withholding your own compliance, such as refusing an exchange the next time it is your turn. This rarely helps and can actually undermine your position, since you may end up violating the very order you are trying to enforce. The better path is to document what happened and bring the matter back to the court that has authority over your case.
When repeated violations affect the bigger picture
Courts take a dim view of parents who consistently interfere with the other parent’s relationship with the child. A pattern of violations can influence future custody decisions, since judges are required to consider each parent’s willingness to foster a healthy relationship between the child and the other parent. What starts as a scheduling dispute can end up shaping the long-term parenting arrangement.
If your co-parent is not honoring your court-ordered schedule, do not wait for the problem to resolve itself. The sooner it is addressed, the easier it typically is to enforce your rights and protect your relationship with your child.
Reach Out to Us for Guidance
Faulkner Law Group, PLLC, represents the interests of Tampa parents during custody disputes. If your parenting plan is being ignored, our Tampa child custody attorneys can help you pursue enforcement. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
flsenate.gov/Laws/Statutes/2025/61.13
