When parents separate or divorce, the court typically establishes a parenting plan. This is a legally binding document that outlines how the parents will share the responsibilities of raising their children. But what happens when one parent doesn’t stick to the plan?
When is it a violation?
Parenting plan violations can take many forms. While minor slip-ups – such as occasionally being late for pickups – may not necessarily constitute a serious violation, persistent or intentional disregard for the plan’s terms can be problematic. Here are some violations that may warrant legal action:
- Not following the agreed-upon time-sharing schedule
- Interfering with communication between the child and the other parent
- Making major decisions about the child without talking to the other parent first
- Not sharing important information about the child’s health or education
- Moving away with the child without proper notification or court approval
If you’re dealing with a co-parent who isn’t following the parenting plan, you have several options under Florida law. You can file a motion for enforcement with the court if mediation does not resolve the issue. This asks the court to compel the other parent to comply with the existing plan.
In severe or repeated violation cases, you may need to file a motion for contempt. This is a more serious legal action that may include measures to ensure compliance and, in some cases, punitive actions.
What are the consequences?
Florida courts take parenting plan violations seriously. If the court finds that a parent isn’t following the plan, they might:
- Order make-up time for missed visitation
- Require the non-compliant parent to bear the financial burden of continuing contact when parents live more than 60 miles apart
- Update the parenting plan to better suit current circumstances
- Require the non-compliant parent to take parenting classes
- Make the non-compliant parent pay the other parent’s legal fees or perform community service
- Change the time-sharing arrangements to better serve the child’s best interests or address logistical issues
The court’s main concern is always what’s best for the child. Take note that every situation is different, and the court will consider the specific circumstances of each case when determining the most appropriate consequences.
Figure out your next steps
Following a parenting plan isn’t just about obeying the law—it’s about providing stability for your child. If you’re struggling with a co-parent who isn’t sticking to the plan, an attorney can help you explore your options.