Contempt Of Court for Parenting Time Violations

If the other parent refuses to obey the current order, there are several options that are immediate remedies and long term remedies.

A good parenting plan is necessary so both parties are clear on the time they will have with their children.   A clear and unambiguous parenting plan is essential when a parent is uncooperative or unfair.  If a parent fails to follow the parenting plan, it is grounds for contempt of court in Florida. When a parenting plan is clear for the Judge to understand and follow, then a Judge may more easily find that the other parent is failing to follow a clearly written parenting plan, that parent may be subject to sanctions by the Court. 

First, it is important to make the Court aware of the other parent’s actions and ensure that they are held responsible for disobeying the order. Depending on the details of your case, you may want to file a Motion for Contempt and request the other parent be held accountable.  The court may modified parenting plan so that you can make up the time you have lost,  a legal finding of contempt, an award of attorneys’ fees, financial sanctions, or even a jail sentence in some extreme situations.

Secondly, even if you do not file a Motion for Contempt, making the Court aware of the other parent’s actions can have a strong effect on the ultimate outcome of your custody case. The practical fact is that a Judge is less likely to give a parent a majority of time sharing of a child is they have shown a proven history of disobeying and disregarding Court orders.

If the other parent is not obeying the Court’s orders, it is important that you protect yourself and your legal rights. Contact us child custody attorney Carmelina Marin to see how I can help.


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