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What Can A Court Do When a Parent Refuses To Keep The Court Ordered Time-sharing Schedule Regarding Custody and Visitation?

October 14, 2015 by  
Filed under Uncategorized

 
 
 
 
The relevant portion of Florida Statute Section 61.13 spells out what the Court can do when a parent takes time-sharing, custody, and visitation into their own hands by defying a court ordered parenting plan without proper reason to do so.  If a parent refuses to keep the court ordered time-sharing schedule a motion for enforcement and contempt can be filed against them, set for hearing, and ruled on by the court.  There are rules of court that must be followed to do so properly and make all of the remedies specified in the Statute available.
 
Florida Statute Section 61.13 specifies that the court:
1. Shall, after calculating the amount of time-sharing improperly denied, award the parent denied time a sufficient amount of extra time-sharing to compensate for the time-sharing missed, and such time-sharing shall be ordered as expeditiously as possible in a manner consistent with the best interests of the child and scheduled in a manner that is convenient for the parent deprived of time-sharing. In ordering any makeup time-sharing, the court shall schedule such time-sharing in a manner that is consistent with the best interests of the child or children and that is convenient for the nonoffending parent and at the expense of the noncompliant parent.
2. May order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to pay reasonable court costs and attorney’s fees incurred by the nonoffending parent to enforce the time-sharing schedule.
3. May order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to attend a parenting course approved by the judicial circuit.
4. May order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to do community service if the order will not interfere with the welfare of the child.
5. May order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to have the financial burden of promoting frequent and continuing contact when that parent and child reside further than 60 miles from the other parent.
6. May, upon the request of the parent who did not violate the time-sharing schedule, modify the parenting plan if modification is in the best interests of the child.
7. May impose any other reasonable sanction as a result of noncompliance.

 
The statute also states that a person who violates the subsection may be punished by contempt of court or other remedies as the court deems appropriate.
 
If you are dealing with a denial of court ordered time-sharing, custody, and visitation, arrange a consultation with one of our lawyers and attorneys on (786) 539-4935 so we can try to help you resolve the situation.

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.