Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party fails to follow a Florida child custody order, he or she can be held in contempt of court. Sanctions may include community service to be performed by the parent not in compliance and make-up time-sharing for the other parent. However, time-sharing cannot be modified as a sanction absent certain factors as stated in the case Andre v. Abreu, 3D17-1747 (Fla. 3d DCA March 27, 2019).
The appellate opinion in this case does not recite the factual background. However, the mother appealed an order holding her in contempt and modifying the parties’ time-sharing schedule. In reversing the trial court’s order, the appellate court held it was error for the court to modify the order where “At the time the Order was entered, there was no pending petition to modify or finding made that modification was in the best interest of the minor.”
According to the Florida Statutes:
When a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause, 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
Fla. Stat. ss. 61.13(4)(c).
Because specific steps need to be taken to ensure a contempt order complies with Florida law, it is important to have the assistance of a lawyer in determining your next best steps. Contact a Miami child custody lawyer for a consultation today.