If your spouse refuses to follow a parenting plan in Florida, you are not helpless. Under Florida Statute 61.13, courts have clear enforcement authority, and judges are using it. Here is what parents in Florida are really asking when it happens, and what law actually allows you to do so.
A Parenting Plan Is A Court Order, Not a General Suggestion
In Florida, parenting plans and time-sharing schedules are governed by Florida Statute 61.13. Once approved by the court, the plan becomes a binding court order. If your spouse refuses to:
- Allow scheduled time-sharing.
- Follow exchange procedures.
- Return the child on time.
- Honor decision-making responsibilities.
- Comply with the health insurance or medical expense obligations.
They are violating a court order, and the court takes it seriously.
What Happens If a Parent Refuses To Follow a Parenting Plan in Florida
In Florida, parenting plans are court orders. That means if you are violating even one, it is not just “bad co-parenting”; it is a legal violation. Under Florida Statute 61.13, if a parent refuses to honor the time-sharing schedule without cause, the court can intervene. The judge is required to award make-up time to the parent who was denied their scheduled time. It is not optional. The statute requires the court to award sufficient extra time-sharing to compensate for missed time. And that is only the beginning.
Can I Stop Paying Child Support If My Ex Won’t Let Me See My Child?
No. It is one of the most common and, in fact, costly mistakes that parents make.
Florida law is clear: If one parent stops paying child support, the other parent cannot deny time-sharing in revenge. If one parent denies time-sharing, the other parent should continue paying child support.
Time-sharing and child support are legally different obligations, and the court should treat them independently. So, even if your ex refuses to let you see your child, you must keep paying court-ordered support.
What Can a Judge Do To A Parent Who Violates A Parenting Plan
Florida courts can act when time-sharing is wrongfully denied. If your spouse refuses to follow the parenting plan without any reason, the court:
1. Award Make-up Time
The judge is required to calculate the amount of time denied and award sufficient extra time-sharing. The makeup time:
- Should be ordered as quickly as possible.
- Should be convenient for the parent who was taking care in the meantime.
- Should be at the expense of the noncompliant parent.
It is mandatory under the statute.
2. Order Attorney’s fees and Court Costs
If you have hired a lawyer to fight for your case, the violating parent can be ordered to pay your reasonable fees and costs.
3. Order a Parenting Course
Judges can ask the noncompliant partner to attend the approved parenting courses.
4. Order Community Service
If it is appropriate and not harmful to the child’s welfare.
5. Shift Transportation Costs
If the parents live more than 60 miles apart, the court can shift the transportation costs to the parent who violated the order.
6. Modify the Parenting Plan
If requested and in the child’s best interest, the court can change the plan.
Repeated violations can become a material change in circumstances, the legal standard needed to modify custody in Florida.
7. Hold the Parent in Contempt
Contempt can result in fines, coercive sanctions, additional court orders, and, in extreme cases, imprisonment until compliance. It is often used when violations are willful and ongoing.
What Counts as “Proper Cause” For Denying Time-Sharing
Parents cannot simply decide they disagree with the schedule. However, there are some situations where withholding time-sharing can be justified, such as:
- A genuine emergency for the child’s safety.
- Evidence of abuse or domestic violence
- A court-ordered restriction
Florida courts should prioritize the child’s best interests. If there is credible evidence of danger, the court can modify parental responsibility or restrict time-sharing. In serious situations of domestic violence or sexual offenses, the statute creates rebuttable presumptions against shared parental responsibility.
Can The Parenting Plan Be Modified?
Yes. But modification can be harder than enforcement. If you want to modify a parenting plan in Florida, the parent requesting the change should prove:
- A material change in situations.
- The modification should be in the child’s best interest.
If your spouse’s refusal to follow the time-sharing plan becomes harmful, that behavior becomes grounds for changes. The court looks for the factors such as whether a parent:
- Encourages a close relationship with the other parent.
- Honors the time-sharing schedule
- Attempts to isolate the child
- Commit domestic violence or abuse.
The court will thoroughly examine the proper cause. However, vague complaints or personal disagreements are not a proper cause. False allegations can again damage the accusing parent’s credibility and can impact custody moving forward.
Here’s what you need to know about Changing Child Support Agreements in Florida.
Health Insurance and Medical Enforcement (More Often Overlooked)
Most parenting plans require a parent to provide health insurance if it is reasonably priced. It is generally not more than 5% of the gross income and is accessible to the child. In case a parent refuses to enroll the child:
- In non-Title IV-D cases, the other parent can serve the order directly on the employer after notice requirements are met.
- In Title IV-D cases, the Department of Revenue can enforce through a National Medical Support Notice without amending the order.
Employers can face civil penalties for noncompliance.
Will The Court Automatically Switch Custody?
Not automatically. However, judges focus on stability and the child’s best interest. A single missed exchange can result in make-up time, not a custody change. However, if there is a repeated, intentional interference with the parenting plan, the modifications can be made.
If a parent consistently refuses to facilitate the other parent’s relationship with the child, that conduct weighs heavily against them under Florida’s best-interest factors.
What About Safety Concerns?
If there are allegations of domestic violence, child abuse, or sexual offenses, the court needs to consider those carefully. Florida law creates rebuttable presumptions against shared parental responsibility in various criminal cases. The child’s safety always overrides scheduling convenience.
Get Professional Help When Your Parenting Plan Is Ignored
If your spouse refuses to follow a parenting plan in Florida, visit our professionals at our West Palm Beach office (561-423-1834), Boca Raton office (561-475-3918), or Stuart office (772-277-2628). Florida courts prioritize stability, frequent and continuing contact with both parents, and the child’s best interests above all else.
Our team will carefully evaluate your situation and guide you through each step of the enforcement process. In the long run, the parent who demonstrates consistency, cooperation, and respect for the court order is typically the one who earns credibility with the court.
