How to Enforce a Parenting Plan in South Florida

When a couple with children divorces in South Florida, part of the divorce proceedings is developing a parenting plan. This plan includes a time-sharing plan and delineates who will make decisions for the child about major aspects of their life, such as health, religion, and schooling. Both parents have a legal obligation to follow the plan, even if they dislike or disagree with parts of it. But what happens if your ex-spouse is not following the plan? What recourse do you have?

If they are sporadically late with pick ups or drop offs due to traffic or weather, there may not be much you can do about it. However, you do have recourse if your ex is engaging in either habitual or major violations, such as:

• Habitually picking up or returning the child hours late
• Refusing to allow you to spend your parenting-plan approved time with them
• Making major decisions about the child’s life in violation of the decision-making protocol laid out in the parenting plan
• Refusing to allow the child to contact you

As tempting as it may be, don’t retaliate and violate the agreement yourself.  The first step is to document the violations to show that your ex is habitually violating the parenting plan or making major violations. Create a log to show each time they violate the parenting plan so the court can see that this is a habitual problem. Then, contact your attorney to send them a notice of non-compliance. Receiving a formal letter from an attorney is often the impetus that a recalcitrant ex needs to become compliant with the parenting plan.

If they still refuse to comply, your attorney will file a motion to hold your ex-spouse in contempt of court and a motion for the court to enforce the parenting plan. A judge will hold a hearing in which your attorney will present evidence showing your ex was violating the parenting agreement. Your ex will also have the opportunity to present evidence showing their side of the argument as well. Ultimately, the judge will determine if the parenting plan was violated. If so, some remedies that the court can order include:

• Extra time-sharing time for the parent who did not violate the order
• Ordering the violating parent to pay fines as well as attorneys’ fees for both parents and court fees 
• Modifying the parenting plan to provide more timesharing and/or decision making to the parent whose rights were violated
• Mandatory parenting classes or counseling
• Jail time (for extreme situations. This is not a typical outcome.)

If your spouse is violating your timesharing agreement, Troy Legal can help. We have a record of success in defending our clients’ rights to ensure that their court-ordered timesharing agreement is upheld. Don’t allow your ex to cheat you out of your court-ordered decision-making and quality time with your child. Call Troy Legal today to protect your rights to your child.