What Happens When a Parent Violates a Court Order?

By Jarbath Peña Law Group

In family law, a court order is more than just a piece of paper; it is a legally binding directive that provides structure and predictability for your family after a separation or divorce. Whether it’s a timesharing schedule, a child support agreement, or a parenting plan, these orders are designed to protect everyone’s rights, especially the children's. So, what happens when one parent decides to ignore it?

It’s a frustrating and often frightening situation. You might be a parent who hasn’t received child support for months, or perhaps your ex-spouse is consistently late for drop-offs, cutting into your court-ordered time with your child. These aren't just minor inconveniences; they are violations of a judge's direct command.

Fortunately, Florida law provides clear pathways to address these violations. Ignoring a court order has serious consequences. This guide explains what happens when a parent breaks the rules and what steps you can take to enforce your rights and bring stability back to your family.

A Court Order Is Not a Suggestion

First, let's be clear: a court order, whether it’s a Final Judgment or a Temporary Order, carries the full weight of the law. It is not a set of friendly suggestions that can be followed when convenient. Think of it like a traffic law—you can’t decide to run a red light just because you’re in a hurry. The rules are there for a reason, and breaking them has consequences.

When a judge signs an order related to your family, they are establishing the ground rules for co-parenting. These rules cover critical areas, including:

• Timesharing: The specific schedule detailing when the children will be with each parent.

• Child Support: The amount and frequency of financial support payments.

• Parental Responsibility: The authority to make decisions about the child's health, education, and welfare.

• Communication: Guidelines on how parents should communicate with each other and with the child.

When one parent unilaterally decides to deviate from this plan, they are not just disrespecting you; they are defying the court itself.

Common Ways Court Orders Are Violated

Violations can be blatant or subtle, but they all disrupt the stability the court order was meant to create. Some common examples in Florida include:

• Denying Timesharing: Refusing to let the other parent see the children during their court-ordered time.

• Interfering with Communication: Blocking phone calls or video chats between the child and the other parent.

• Failing to Pay Child Support: Making partial payments, late payments, or no payments at all.

• Making Unilateral Decisions: Enrolling a child in a new school or scheduling a non-emergency medical procedure without consulting the other parent, contrary to a shared parental responsibility order.

• Relocating Without Permission: Moving more than 50 miles away with the child without a written agreement or a court order.

• Disparaging the Other Parent: Speaking negatively about the other parent in front of the child, which can violate clauses in a parenting plan.

If you are experiencing any of these situations, it’s normal to feel powerless. But you are not. Florida law provides powerful tools to hold the other parent accountable.

Taking Action: The Motion for Contempt and Enforcement

You cannot take matters into your own hands. For example, if your ex-spouse stops paying child support, you cannot retaliate by withholding their timesharing. This would put you in violation of the court order, too. Instead, the proper way to address a violation is by filing a Motion for Contempt and/or Enforcement with the court.

This legal document formally notifies the judge that the other parent has willfully failed to comply with a court order. It lays out the specific violations and asks the court to step in.

Here’s how the process generally works:

1. Filing the Motion: Your attorney will draft and file a motion that details exactly how the court order was violated, including dates, times, and specific actions (or inactions).

2. Serving the Other Parent: The other parent must be formally served with the motion, ensuring they are aware of the allegations and the upcoming hearing.

3. The Hearing: A hearing is scheduled where both parents present their case to the judge. You will need to provide evidence to support your claims, such as text messages, emails, bank statements, or witness testimony. The other parent will have an opportunity to defend their actions.

The judge’s primary goal is to determine if the violation was willful. Did the parent have the ability to comply with the order but chose not to? For instance, if a parent lost their job and genuinely could not afford to pay the full child support amount, a judge might view that differently than a parent who simply decided to stop paying.

Potential Penalties: The Court's "Teeth"

If the judge finds the parent in contempt, they have a wide range of tools to enforce the order and penalize the non-compliant parent. These are not meant to be purely punitive; they are designed to compel future compliance.

Potential consequences can include:

• Makeup Timesharing: The judge can order the non-compliant parent to provide the other parent with extra time with the children to make up for what was missed.

• Payment of Attorney's Fees and Costs: The non-compliant parent may be ordered to pay all legal fees you incurred to bring the motion.

• Parenting Course: The parent who did not provide timesharing or did not exercise timesharing can be ordered to attend a parenting course approved by the judicial circuit

• Community Service: The judge can order the non-compliant parent to do community service

• Fines: The court can impose fines (compensatory fine for a coercive fine) for the violation.

• Child Support Arrears: For unpaid child support, the judge can order incarceration of the other party with release upon a payment of a purge, and/or a judgment that accrues interest. They can also order wage garnishment or suspend the parent's driver's license.

• Jail Time: In the most extreme cases of willful and repeated defiance, a judge can sentence a parent to jail time for contempt of court.

Legal Guidance You Can Trust

Facing a situation where a co-parent is violating a court order is incredibly stressful. It can throw your life, and your children's lives, into chaos. You do not have to navigate this alone.

An experienced family law attorney can help you understand your rights, gather the necessary evidence, and file the appropriate motions to enforce your court order. They act as your advocate, ensuring your voice is heard by the court and holding the other parent accountable for their actions. The goal is to restore order and protect the best interests of your children.

At Jarbath Peña Law Group, we understand the frustration and anxiety that comes with these conflicts. We provide the expert legal guidance you can trust to enforce your rights and seek a swift resolution. We will help you build a strong case and stand up for your family’s stability.

Is your co-parent violating a court order? Don't wait for the problem to get worse. Contact Jarbath Peña Law Group today at 305-615-1005 to schedule your consultation.