What Happens When a Parenting Plan or Time-Sharing Order Is Not Followed in Florida?
Short answer: When a Florida parenting plan or time-sharing order is not followed, the usual remedy is enforcement (and in some cases contempt). Enforcement asks the court to require compliance with the existing order. It does not rewrite the schedule.
General information only, not legal advice, no attorney-client relationship.
When a parenting plan or time-sharing order is not being followed, many parents feel stuck. They may try to stay cooperative, avoid conflict, or hope the situation corrects itself. Over time, those choices can create bigger problems, especially if the violations continue.
Florida courts expect parents to follow court orders. When that does not happen, the law provides remedies such as enforcement and, in some cases, contempt. Understanding how enforcement works, when it applies, and how judges view these cases can help parents protect their children and their credibility with the court.
This article explains what enforcement means in Florida family law, when it is appropriate, and what parents should understand before deciding how to proceed.
What does “enforcement” mean in Florida family law?
Enforcement is the legal process used to compel compliance with an existing court order.
If a parenting plan or time-sharing order is already in place, enforcement asks the court to require the noncomplying parent to follow it. Enforcement does not change the terms of the order. It focuses on compliance.
This distinction matters. Many parents confuse enforcement with modification. Enforcement assumes the order is valid and appropriate. The issue is not whether the order should be different, but whether it is being followed.
When is enforcement the correct remedy?
Enforcement is appropriate when a parent is violating a clear provision of a court-approved parenting plan or time-sharing order.
Common examples include:
Repeatedly denying scheduled time-sharing
Failing to return a child on time
Ignoring holiday or school-break schedules
Refusing to follow exchange terms
Enforcement is not about minor disagreements or one-time misunderstandings. Courts are most concerned with patterns of noncompliance, especially when those patterns disrupt the child’s routine or stability.
How is enforcement different from modification?
Enforcement and modification are not the same remedy, and filing the wrong one can weaken your case.
Enforcement asks the court to make a parent comply with an existing parenting plan or time-sharing order. It does not change the terms of the order. It focuses on whether a clear provision was violated and what relief will restore compliance.
Modification asks the court to change the parenting plan or time-sharing schedule going forward. Modification is only available when the required legal standard is met, including proof of a substantial, material, and unanticipated change in circumstances and that the requested change is in the child’s best interests.
If the problem is noncompliance with a clear order, enforcement is usually the correct tool. If the problem is that the current order no longer works because circumstances have changed, modification may be the better path.
If you think the real issue is that the schedule no longer works, not just that it is being ignored, read Can Custody/Parental Responsibility Be Modified in Florida After Circumstances Change? to understand the legal standard and what the court requires.
What qualifies as a violation of a parenting plan?
A violation occurs when a parent fails to follow a clear, enforceable term of the court order.
Judges look for:
Specific provisions that were not followed
Dates, times, and details of missed or denied time
Evidence showing the violation was not accidental
Vague complaints or generalized frustration are not enough. Enforcement requires clarity. The more precise the order and the proof, the stronger the enforcement case.
A violation is strongest when it involves a clear, court-approved term, including exchange details, school-week routines, and holiday schedules.
Do Florida courts take one-time violations seriously?
Courts focus far more on repeated patterns than isolated incidents.
A single missed exchange may not result in enforcement relief. Repeated violations, especially after objections are raised, are taken much more seriously. Judges are tasked with protecting the child’s stability, and ongoing noncompliance undermines that goal.
Patterns show intent. Patterns also show impact.
What can enforcement lead to in a Florida time-sharing case?
Enforcement is designed to restore compliance and stability for the child. Depending on the facts, enforcement can lead to court orders such as:
Make-up time-sharing to restore missed time
Clearer exchange terms (times, locations, school pickup, and communication rules)
Practical cooperation steps, such as parenting education or structured communication
In appropriate cases, an award of attorney’s fees and costs against the noncomplying parent
In more serious or repeated situations, contempt proceedings and other court-directed remedies
The right outcome depends on the order, the pattern of violations, and the quality of the proof. Courts typically focus on what will get the order followed going forward while protecting the child’s routine.
What should I do right now if the parenting plan is not being followed?
Stay calm and child-focused. Do not argue at exchanges or put your child in the middle.
Document the facts. Keep a simple log with dates, times, what happened, and save written messages.
Avoid self-help. Do not withhold time-sharing or stop paying support to “even things out.” That often hurts credibility.
What do judges expect parents to do before filing for enforcement?
Judges generally expect parents to attempt to address the violation and clearly object to it.
This often includes:
Communicating the concern in writing
Requesting compliance with the order
Giving the other parent notice of the issue
Silence can be risky. When a parent allows violations to continue without objection, courts may question why enforcement was not sought sooner. In some cases, ongoing silence can be viewed as acceptance of the conduct.
How can being “too cooperative” work against a parent?
Cooperation without documentation can undermine an enforcement case.
Many parents try to avoid conflict by accommodating missed time or schedule changes. Over time, that accommodation may be used to argue that the existing arrangement was acceptable or informally modified.
Enforcement works best when parents are cooperative but clear. Objections should be calm, factual, and documented.
Why does documentation matter so much in enforcement cases?
Enforcement is evidence-driven, not emotion-driven.
Judges respond to:
Written communication
Calendars and logs
Clear timelines
They are far less persuaded by emotional commentary or accusations without proof. Mixing emotion with facts often weakens otherwise valid concerns. Documentation should focus on what happened, when it happened, and how it affected the child.
How does the child’s experience affect enforcement decisions?
Courts are more concerned about the child than either parent.
Enforcement cases are strongest when they explain how violations impact:
The child’s routine
School attendance or performance
Emotional well-being
Sense of stability
When enforcement filings focus primarily on a parent’s inconvenience or frustration, credibility suffers. Judges want to understand how compliance with the order serves the child’s best interests.
Florida judges focus on the child’s best interests and stability. The strongest enforcement filings show how repeated violations disrupt routine, school life, and the child’s sense of security under Florida’s best interests factors.
What outcomes do parents often misunderstand about enforcement?
Enforcement is not designed to eliminate the other parent’s relationship with the child.
Some parents expect enforcement to result in severe punishment or permanent loss of time-sharing. Florida law does not support that outcome in most cases. Enforcement is intended to restore compliance, not erase a parent’s role absent serious circumstances.
For the court’s specific remedies when a parent refuses time-sharing without proper cause, see Florida Statute § 61.13(4)(c) on the official Online Sunshine site.
Understanding realistic outcomes helps parents approach enforcement more effectively and avoid disappointment.
Many cases get delayed or weakened because parents file the wrong request or focus on the wrong type of proof. If you are considering a change to the schedule, read Common Mistakes Parents Make When Seeking a Time-Sharing Modification in Florida.
A steady word of guidance and next steps
When a parenting plan or time-sharing order is not being followed, doing nothing can be just as damaging as overreacting. Enforcement is a tool designed to protect court orders, promote stability, and serve the child’s best interests when cooperation breaks down.
At The Law Office of Eric C. Cheshire, P.A., I help parents in West Palm Beach and throughout Palm Beach County evaluate whether enforcement is the right step, how courts are likely to view the situation, and how to proceed in a way that protects their children and their credibility.
If you are dealing with ongoing violations of a parenting plan or time-sharing order and want clear guidance under Florida law, call The Law Office of Eric C. Cheshire, P.A. at (561) 677-8090 or fill out the contact form on our website. We will help you choose the right remedy, organize the facts, and move forward with a steady plan that protects your credibility and what matters most.