Introduction
The holidays can be a joyful time — unless your ex suddenly refuses to follow the agreed-upon time-sharing plan. In Florida, holiday time-sharing schedules are legally binding once they’re part of your Parenting Plan or court order. If your co-parent doesn’t comply, you have legal remedies to restore order and protect your time with your child.
1️⃣ Check Your Parenting Plan First
Before reacting, review the exact holiday provisions in your Parenting Plan or final court order. Most Florida plans specify alternating holidays or specific pickup times.
✅ Confirm:
- Which holidays are designated for each parent
- Exact start and end times
- Exchange locations
If the schedule is clear and your ex simply refuses to comply, that counts as a parenting plan violation.
2️⃣ Document Every Violation
Keep detailed notes, messages, and screenshots showing the missed exchanges or refusals. Documentation is critical if you must later file a Motion for Contempt or Enforcement.
Include:
- Texts or emails confirming your attempt to follow the plan
- Proof you were ready at the agreed pickup time
- Any police or witness reports (if safety is an issue)
3️⃣ Attempt Peaceful Resolution First
Florida judges prefer that co-parents try to resolve disputes amicably before filing motions. You might:
- Send a calm email restating the plan’s terms
- Offer a makeup time later in the season
- Remind your ex the Parenting Plan is a court-ordered agreement
A respectful tone often helps you appear more reasonable later if legal action is needed.
4️⃣ File a Motion to Enforce Time-Sharing (If Necessary)
If the issue persists, your next step is a Motion for Contempt or Enforcement under Florida Statute § 61.13(4)(c). The court can:
- Order makeup time-sharing
- Award attorney’s fees
- Modify the Parenting Plan if repeated violations occur
A family-law attorney can draft and file this motion quickly, especially before the court’s holiday slowdown.
5️⃣ Focus on the Child’s Best Interests
Even when emotions run high, judges base all rulings on the child’s best interests. Avoid retaliating or withholding your own time. Show that you’re prioritizing stability and consistent parenting.
6️⃣ Plan Ahead for Next Year
If holiday disputes keep repeating, you can request a modification of the Parenting Plan before next season. Adding precise times, exchange locations, or mediation clauses helps prevent chaos later.
Conclusion / Call to Action
No parent should lose special time with their child because an ex decides to ignore the rules. At Lipinski Family Law, we help parents enforce, clarify, and modify Parenting Plans so the holidays remain peaceful and fair.
👉 Schedule a confidential consultation today to discuss your options before the next holiday approaches.
