What Happens If Your Ex Violates A Parenting Plan In Florida?
Once a divorce or custody case has been finalized, the parenting plan is considered a legally binding court order. This document contains provisions on how the parents are to share responsibilities in the care of their child. If one of the parents violates the parenting plan, this can cause stress and instability for the other parent and the child. Fortunately, there are several legal remedies that are available to parents in Florida if the parenting plan is violated.
Common parenting plan violations
The violation of a parenting plan can happen in several different ways. Some of the most common violations include a parent not returning the child at an agreed-upon time, consistently showing up late to the scheduled timesharing exchange, and refusing to allow the other parent to have their scheduled timesharing.
Other violations can include interference in communication between the child and the other parent, making decisions about the child’s education and medical care without consulting the other parent, and repeatedly making changes to the timesharing schedule without the consent of the other parent.
No matter how minor the violation seems to be, if the parent consistently fails to comply with the court-ordered parenting plan, it can become a serious legal problem.
Filing a motion for contempt or enforcement
If a violation of the parenting plan occurs, the affected parent can file a motion for contempt and enforcement of the parenting plan with the court.
For the parent to prove contempt, it is generally required that they prove the existence of a valid court order and that the other parent knowingly failed to comply with the order.
Evidence of the contempt can be shown by the parent bringing the motion, which can include texts, emails, or records of non-exchanges between the parents or witness testimony.
If the court believes that a parent knowingly violated the parenting plan, the court can order a number of remedies to correct the problem and ensure compliance with the parenting plan in the future.
Possible consequences for violating the parenting plan
Florida courts consider parenting plan violations since they can impact a child’s stability as well as their relationship with their parent. Therefore, if a violation is established in court, there are various measures the judge can impose to rectify the issue.
These measures include requiring the offending parent to grant additional timesharing to the other parent. In addition, the courts can order the offending parent to cover the other parent’s attorney fees as well as court costs associated with enforcement of the parenting plan.
On other occasions, the court can order the offending parent to attend parenting classes as well as counseling or mediation. In the case of serious offenses, the court can even modify the existing custody agreement. Repeated violations can lead to changes in the custody agreement. The courts take this kind of conduct seriously and won’t hesitate to sanction a parent who violates the parenting plan.
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