A court-approved parenting plan is a legally binding order. When one parent unilaterally refuses to honor it by canceling visits, withholding children, or failing to make them available for pickups, Florida law provides specific mechanisms to address the violation and hold the non-compliant parent accountable.
What Florida law says about denying time-sharing
Both parents have a legal right to frequent and continuing contact with their children following a divorce or separation. A custodial parent does not have the authority to withhold visits as a form of punishment, even if the other parent is behind on child support payments. Florida law explicitly separates child support obligations from time-sharing rights. Failing to pay support does not justify denying visits, and denying visits does not justify withholding support.
Remedies available in Florida courts
When a parent fails to comply with a time-sharing schedule without a court-recognized emergency, the other parent can file a Motion for Enforcement or Contempt with the circuit court. If the court finds willful non-compliance, several remedies are available:
- Make-up time-sharing: the court must award the non-offending parent additional time to compensate for missed visits, scheduled in a manner convenient for that parent and in the child’s best interest
- Attorney’s fees and court costs: the non-compliant parent may be ordered to pay legal fees incurred by the parent who had to file the enforcement motion
- Financial sanctions: compensation for direct losses caused by missed visits, such as non-refundable travel costs
- Parenting classes or community service: judges may require the non-complying parent to attend parenting education or complete community service
- Modification of the parenting plan: a pattern of repeated interference may constitute a substantial change in circumstances justifying a permanent modification of the time-sharing schedule
Each of these remedies is designed to protect the child’s relationship with both parents and discourage future violations.
Steps to take if your time-sharing rights are denied
Documenting every incident carefully is the foundation of any enforcement case:
- Keep a detailed log of every missed or denied visit, including dates, times, and any written communications from the other parent
- Request a police incident report at the designated pickup location if access is denied; this creates official documentation that you were present
- Avoid retaliating by withholding support or taking the child outside your designated parenting time, as this can harm your position before the judge
- File a formal motion through the Florida court family law division with the help of legal counsel
Prompt enforcement protects both your parental rights and your child’s stability. If your court-ordered time-sharing is being denied, a family law attorney in Broward County can help you pursue the appropriate legal remedies.