What Can I Do If My Co-Parent Will Not Follow the Florida Summer Parenting Schedule?
What can you do if your co-parent will not follow the summer parenting schedule? In Florida, you should document the violation, stay calm, follow the court order as closely as possible, and consider legal action if the other parent repeatedly denies or disrupts time-sharing.
Summer can expose problems that were easier to manage during the school year. Vacation weeks, camp schedules, work obligations, travel plans, and family visits can all create pressure. When one parent refuses to follow the parenting plan, the child can feel caught in the middle.
Key Takeaway
If your co-parent will not follow the summer parenting schedule, do not respond with self-help. Document the problem, communicate clearly, follow the court order, and seek legal guidance if the violations continue.
If your dispute is mainly about vacation weeks, travel notice, passports, or taking a child out of Florida, you may also find our related guide on Florida summer vacation and child travel rules helpful.
What Counts as a Summer Time-Sharing Violation?
A summer time-sharing violation may occur when one parent fails to follow the court-ordered parenting plan. The exact issue depends on the wording of the order.
Examples may include:
- Refusing to exchange the child
- Returning the child late without good reason
- Denying court-ordered vacation time
- Scheduling camps or trips during the other parent’s time without agreement
- Refusing required travel information
- Keeping the child beyond the scheduled return date
Not every inconvenience is a violation. A delayed flight, illness, traffic issue, or true emergency may require flexibility. But repeated, avoidable, or intentional interference is different.
If the other parent is refusing exchanges, blocking vacation time, or repeatedly changing the schedule, you may need to consider whether child custody enforcement is appropriate. Enforcement is not about punishing every mistake. It is about asking the court to address a violation of an existing order.
What Should I Do First?
Start by reviewing the parenting plan. Identify the exact section that applies. Then compare the order to what actually happened.
Ask yourself:
- What does the order say?
- What did the other parent do or fail to do?
- When did it happen?
- How did I respond?
- Was the child affected?
- Is this a one-time issue or a pattern?
Then communicate in writing. Keep the message calm and specific.
For example:
“Our parenting plan states that my summer vacation time begins Friday at 6:00 p.m. at the usual exchange location. Please confirm that you will bring the children at that time.”
This kind of message is direct without being inflammatory. It also creates a useful record.
What Proof Should I Save?
Documentation matters. In a Palm Beach County family case, the court will usually want more than a general statement that the other parent is being difficult.
Save:
- Text messages, emails, or parenting app messages
- Missed exchange records
- Travel or camp schedules
- Receipts or calendar screenshots
- Police reports, if one exists
- A simple timeline with dates, times, and what occurred
Keep your notes factual. Avoid exaggeration. A simple timeline is often more useful than an emotional summary.
A strong record may look like this:
“June 14, 6:00 p.m.: Arrived at the court-ordered exchange location. Other parent did not appear. Sent message at 6:10 p.m. asking for update. No response until 8:15 p.m. Child was not exchanged.”
That type of detail helps explain the problem clearly.
Should I Call the Police?
Sometimes parents ask whether they should call law enforcement when an exchange is missed. This is fact-specific.
If there is danger, threats, impaired driving, abduction concern, or risk of harm, safety comes first.
If the issue is a repeated parenting-plan violation without an immediate safety concern, court enforcement may be the better path. A police report may help document that you appeared for the exchange, but calling law enforcement can also escalate the conflict and upset the child.
Can I Keep the Child Later to Make Up Missed Time?
Parents should be careful about self-help. If the other parent denies your time-sharing, it may feel fair to keep the child later or refuse the next exchange. But doing that can create a second violation and weaken your credibility.
Instead, request makeup time in writing. If the other parent refuses, document the request. Courts generally prefer that parents follow the order and seek proper relief rather than create competing violations.
Under Florida Statute § 61.13, when a parent refuses to honor the time-sharing schedule without proper cause, the court may consider several remedies, including makeup time-sharing, attorney’s fees and costs, parenting courses, sanctions, modification in proper cases, and contempt remedies.
If the court finds improper denial of time-sharing | Possible remedy |
Time-sharing was improperly denied | Makeup time-sharing may be ordered |
The violation caused legal fees or court costs | The noncompliant parent may be ordered to pay reasonable fees and costs |
The parent needs better compliance tools | The court may order a parenting course |
The violation is repeated or serious | The court may impose sanctions or contempt remedies |
The current parenting plan is no longer workable | Modification may be considered if properly requested and supported |
The right remedy depends on the facts, the wording of the order, whether the violation is repeated, and whether the child’s best interests are affected.
What If the Other Parent Says the Child Does Not Want to Go?
This issue comes up often, especially with older children. A child may be tired, upset, anxious, or resistant to going with the other parent. That does not automatically cancel court-ordered time-sharing.
The parent with the child should usually encourage compliance with the parenting plan unless there is a legitimate safety concern. A parent should not simply say, “The child does not want to go,” and then refuse the exchange.
At the same time, a child’s distress should not be ignored. If there are real concerns about safety, emotional harm, substance abuse, neglect, domestic violence, or other serious issues, the concern should be documented and addressed through appropriate legal channels.
What Is the Difference Between Enforcement and Modification?
Enforcement asks the court to address violations of the current order. A modification asks the court to change the order going forward.
That distinction matters.
If the parenting plan is clear and the other parent is not following it, enforcement may be appropriate. If the parenting plan is outdated, unclear, or no longer workable, then modification may need to be considered.
For example:
- Enforcement issue: The order gives you two summer vacation weeks, but the other parent refuses to exchange the child.
- Modification issue: The order does not address summer at all, and the parents have recurring conflicts every year.
- Possible combination: The other parent violates the current order, and the order also needs clearer future terms.
A lawyer can help determine which path fits the facts.
How Can I Protect My Credibility?
In parenting disputes, credibility matters. Judges often look at whether each parent follows the order, communicates appropriately, and keeps the child’s needs ahead of personal frustration.
Protect your credibility by following the order, keeping messages respectful, showing up on time, documenting accurately, avoiding threats, and not involving the child in adult conflict.
A parent who stays steady and child-focused is usually in a stronger position than a parent who reacts emotionally, even when the other parent is wrong.
FAQs About Summer Time-Sharing Violations
What if the other parent is only a few minutes late?
A short delay may not justify court action unless it is repeated or intentional. Document the issue if it becomes a pattern.
Can I ask for makeup time?
Yes. Makeup time may be appropriate when court-ordered time-sharing is improperly denied. The request should be reasonable and documented.
What if my child says they do not want to go?
A child’s reluctance does not automatically cancel court-ordered time-sharing. The parent should generally encourage compliance unless there is a real safety concern.
Can the court make the other parent pay attorney’s fees?
In some situations, the court may order fees or other remedies for improper denial of time-sharing. The facts and the court’s findings matter.
Should I stop paying child support if my co-parent denies time-sharing?
No. Child support and time-sharing should not be handled through self-help. If support or time-sharing orders are being violated, the issue should be addressed through proper legal channels.
Talk With a West Palm Beach Family Law Attorney
If your summer time-sharing is being denied or disrupted, The Law Office of Eric C. Cheshire, P.A. can help you understand whether enforcement, modification, or another legal step may be appropriate. We help parents in West Palm Beach and Palm Beach County address parenting-plan violations with clarity and preparation.
To schedule a consultation, call The Law Office of Eric C. Cheshire, P.A. at (561) 677-8090 or fill out the contact form on our website.
When summer parenting disputes affect your child, your schedule, and your peace of mind, we are here to help you protect what matters most.