You have a parenting plan. A judge signed it. It’s a court order.
And your co-parent is ignoring it.
Maybe they’re consistently late for exchanges. Maybe they’re keeping the children past their scheduled time. Maybe they’re canceling visits without notice, undermining your relationship with your kids, or refusing to communicate about school and medical decisions the way the plan requires. Whatever the specific behavior, you’re living with the daily reality of a court order that isn’t being followed — and wondering what you’re supposed to do about it.
This is one of the most frustrating situations in family law. You did everything right. You went through the process, reached an agreement or had one entered by the court, and now the other parent is treating it as optional. It isn’t. And Florida law gives you real tools to address it.
So, what to do when a co-parent violates the parenting plan in Florida?
Here’s what you need to know.
Your parenting plan is a court order — not a suggestion
This is the foundation of everything that follows. A Florida parenting plan approved by a court carries the full weight of a judicial order. Violating it isn’t just a breach of an agreement between two parents — it’s contempt of court. That distinction matters because it determines what remedies are available to you.
Florida Statute §61.13 governs parenting plans and time-sharing. Under Florida law, both parents are required to comply with the terms of the plan as written. A parent who repeatedly and willfully fails to comply is subject to court-ordered consequences — including make-up time-sharing, attorney’s fees, and in serious cases, modification of the time-sharing arrangement itself.
What counts as a violation
Not every deviation from a parenting plan rises to the level of a legal violation — but many do. Common violations include:
- Repeatedly returning children late or picking them up late without notice or agreement.
- Canceling scheduled time-sharing without a legitimate reason.
- Failing to make the children available for the other parent’s scheduled time.
- Withholding information about the children’s school, medical care, or extracurricular activities when the plan requires it to be shared.
- Making major decisions — school enrollment, medical procedures, travel — unilaterally when the plan requires joint decision-making.
- Relocating with the children or taking them out of state without proper notice or court approval. Disparaging the other parent in front of the children in ways that constitute parental alienation.
The keyword Florida courts look for is willful. A parent who misses an exchange because of a genuine emergency is in a different position than one who has a pattern of late pickups, last-minute cancellations, and poor communication. Courts look at the full picture — not just a single incident.
If you’re dealing with a pattern, documentation is everything. Start keeping a written log of every violation: date, time, what happened, and any communication that followed.
What you can do
Step one: communicate in writing
Before filing anything with the court, attempt to address the issue directly — and do it in writing. A text message or email creates a record* It shows the court you made a good-faith effort to resolve the problem before escalating. It also gives the other parent an opportunity to correct the behavior, which sometimes happens when they realize the documentation exists. (* Be careful what you post on social media! Why? Read here.
Keep the communication factual and unemotional. “Per our parenting plan, my scheduled time-sharing begins Friday at 6 PM. Please confirm the children will be available.” That’s the tone. Not accusations — facts.
Step two: contact your attorney
If the violations continue after written communication, or if the first violation was serious enough to warrant immediate action — a parent who didn’t return the children, for example — contact a family law attorney before taking any unilateral action yourself.
This is important: do not withhold your own scheduled time-sharing as retaliation, even if the other parent is withholding theirs. Florida courts view both behaviors negatively, and a judge will not look favorably on a parent who responds to a violation by committing one. Two wrongs don’t produce a better outcome in family court — they produce a messier record for both sides.
Step three: file a motion for enforcement
Your attorney can file a Motion for Enforcement of Final Judgment with the court. This formally puts the violations before a judge and asks the court to take action. Florida courts take enforcement motions seriously, particularly when there is documented evidence of a pattern.
Remedies available through an enforcement motion include makeup time-sharing for time wrongfully withheld, an order requiring the other parent to comply going forward, attorney’s fees and costs if the court finds the violation was willful, and in serious cases, referral for contempt proceedings.
Contempt of court in a family law matter can result in fines or, in extreme cases, jail time. Courts don’t reach for those remedies in minor disputes — but they are available when a parent has shown deliberate, repeated disregard for a court order.
When enforcement isn’t enough: modification
Sometimes the violations reveal something deeper — that the current parenting plan is no longer workable, that the other parent’s circumstances have changed significantly, or that the children’s needs have shifted in ways the original plan doesn’t address.
Florida law allows modification of a parenting plan when there has been a substantial, material, and unanticipated change in circumstances since the plan was entered, and when the modification is in the best interests of the children.
A pattern of willful violations can itself be evidence of a substantial change in circumstances. If one parent has consistently demonstrated that they cannot or will not follow the agreed-upon plan, a court may consider whether the time-sharing arrangement needs to be restructured.
Modification is not a fast process, and the standard is intentionally high — Florida courts don’t modify parenting plans based on minor disagreements or temporary friction. But when the violations are serious, documented, and ongoing, modification becomes a legitimate and sometimes necessary next step.
Enforcement and modification are not mutually exclusive. An attorney can pursue both simultaneously, depending on the facts of your situation.
What courts look at
When a judge reviews an enforcement or modification matter, they’re evaluating several things at once: the specific violations and whether they were willful, the pattern of behavior over time, how each parent has communicated with the other, the impact on the children, and each parent’s demonstrated willingness to support the children’s relationship with the other parent.
That last factor — willingness to support the other parent’s relationship with the children — is one Florida courts weigh heavily. A parent who withholds time-sharing, disparages the other parent, or uses the children as leverage in a dispute is signaling to the court that they are not prioritizing the children’s best interests. That signal has consequences.
A note on what NOT to do
When a co-parent is violating a parenting plan, the frustration is real, and the impulse to respond in kind is understandable. But the parents who protect their position most effectively are the ones who stay on the right side of the court order, document everything, and let the legal process do the work.
Don’t deny the other parent access in retaliation. Don’t make threats in text messages or emails that will show up in court. Don’t involve the children in adult conflict. Don’t take the children out of state without checking what your plan requires. And don’t wait too long to get an attorney involved — patterns of violation are easier to address before they become entrenched.
You have options
A parenting plan violation isn’t something you have to absorb indefinitely. Florida courts have the authority and the willingness to enforce these orders — and to hold parents accountable when they treat a court order as optional.
If your co-parent isn’t following your parenting plan, the first step is to understand exactly what your options are and what evidence you’ve already gathered can support.
Why Hoffman, Larin & Agnetti?
Hoffman, Larin & Agnetti have guided South Florida families through these challenging issues for more than 40 years. Appointments in any of our four offices, by ZOOM, by phone, or at your home or hospital when necessary.
