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South Florida Family Law Blog

Serving clients throughout West Palm Beach and South Florida, Gonzalez & Associates, PLLC delivers experienced, strategic legal representation in criminal defense, family law, and asset forfeiture cases. Led by a former police director and narcotics detective, we provide honest guidance, strong advocacy, and direct communication—in both English and Spanish.

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What Happens if My Ex Violates a Parenting Plan?

If your ex violates a court-ordered parenting plan in Florida, you can ask the court to enforce it. What happens next depends on which part of the plan was violated and the circumstances surrounding the violation.

At Gonzalez & Associates, PLLC, we’re focused on protecting your family and your future. We handle family law matters in West Palm Beach, including disputes over parenting plans and time-sharing. Here, you’ll learn what options may be available when your ex doesn’t follow the plan and how the court can address a violation.

What Counts as Violating a Parenting Plan?

A violation occurs when a parent doesn’t follow the terms of a court-approved parenting plan. Depending on what the plan requires, examples may include:

  • Interfering with time-sharing: Refusing to make the child available for the other parent’s scheduled time or keeping the child beyond the required exchange time.
  • Ignoring communication provisions: Preventing calls or other contact with the child when the parenting plan provides for that communication.
  • Disregarding decision-making requirements: Making decisions covered by shared parental responsibility without following the requirements established in the plan.
  • Failing to follow exchange arrangements: Repeatedly disregarding court-ordered times or locations for exchanging the child.

Not every change to the schedule requires court involvement. But when one parent repeatedly doesn’t follow the parenting plan, the other may ask the court to enforce it.

Court Action for Parenting Plan Violations

Florida law provides several remedies when a parenting plan isn’t followed. Florida Statutes § 61.13 specifically addresses violations of court-ordered time-sharing and allows measures such as:

  • Make-up time-sharing: The court must award additional time to compensate a parent for time-sharing that was improperly denied.
  • Court costs and attorney’s fees: The court may require the noncompliant parent to pay reasonable costs and fees incurred to enforce the schedule.
  • Additional requirements: The court may order a parenting course or community service.
  • Contempt of court: The court may hold a parent in contempt for failing to follow the court order.

In some cases, the court may also modify the existing parenting plan. To modify the plan, there generally must be a substantial and material change in circumstances that affects the existing parenting arrangement. The court must also find that the change would be in the child’s best interests. Depending on the case, that could include changes to the existing time-sharing arrangement.

Keeping a record of what happened can be useful if you need to seek enforcement. Dates, written communications, and details showing how your ex’s actions differed from the parenting plan can help establish what occurred.

Protecting Your Rights and Your Family

Ongoing problems with a parenting plan can affect your time with your child and make an already difficult family situation harder to manage. Knowing what your court order requires and keeping a record of violations can help you understand your options if enforcement becomes necessary.

Our family law team helps parents in West Palm Beach address situations where a parenting plan isn’t being followed. If your ex isn’t following the existing plan, contact our team to discuss what has been happening and what legal options may be available to you, or call 561-500-4529.

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