Enforcing a Time-Sharing Order in Miami-Dade: Make-Up Time, Contempt, and Proof (2026)

If your co-parent is refusing to follow your court-ordered time-sharing schedule, you are not without options. Miami-Dade courts take parenting plan violations seriously, and Florida law gives you several ways to enforce your time-sharing rights, including make-up time, contempt proceedings, and modification of the parenting plan.

What Is a Time-Sharing Violation in Florida? 

A time-sharing violation occurs when a parent willfully fails to comply with a court-approved parenting plan — refusing drop-offs, repeatedly canceling scheduled time, or withholding the child without cause. Under Florida Statute § 61.13, any willful violation of a time-sharing order can expose the non-compliant parent to legal consequences including make-up time, contempt findings, and modification of the parenting plan.

Important: Do not respond to violations by withholding your own compliance. Denying child support, refusing the other parent’s scheduled time, or making unilateral changes to the arrangement can result in contempt proceedings against you. Enforcement must go through the court.

Available Remedies Under Florida Law

Florida Statute § 61.13 gives courts several tools to address time-sharing violations. The appropriate remedy depends on the nature and severity of the violations.

Make-Up Time

When a parent wrongfully withholds time-sharing, the court can award compensatory make-up time to the parent who was denied. Under § 61.13(4)(c), if a parent is found in contempt for denying time-sharing, the court must order make-up time as soon as possible, consistent with the child’s best interests — scheduled at the convenience of the wronged parent, even if that comes at the expense of the violating parent’s time. Florida courts apply this remedy when violations are documented and the request is properly before the court.

Contempt of Court

Contempt is the most significant consequence for violating a parenting plan. Florida courts recognize two types:

• Civil contempt — Designed to coerce future compliance. The court holds the violating parent in contempt but allows them to purge the finding by complying. A judge can order confinement until the violation is corrected.
• Criminal contempt — Designed to punish past violations. Carries a fixed penalty — fines or jail time — regardless of whether the parent later complies. Requires a higher burden of proof.

To establish contempt under § 61.13(4)(d), three elements must be met: a valid court order exists; the parent had the ability to comply; and the parent willfully refused to do so. A parent who demonstrates a legitimate reason — a genuine emergency, documented illness, or good-faith misunderstanding — may avoid a contempt finding, though other remedies may still apply.

Other Remedies

Beyond make-up time and contempt, courts may also order payment of the other parent’s attorney’s fees and costs, mandatory parenting classes or counseling, modification of the parenting plan if violations are persistent, and in extreme cases, a change in primary residence.

If your case involves persistent violations that have fundamentally changed the parenting dynamic, a post-judgment modification may be the more appropriate path than repeated enforcement motions. Our attorneys can help you assess which approach fits your situation.

What You Need to Prove Your Case

How Do I Document Time-Sharing Violations in Florida?

Courts require clear, specific evidence that violations occurred. Your word alone is not sufficient. The strength of your motion depends heavily on documentation gathered before you file:

• A written log of each violation — date, scheduled time-sharing, what actually happened, and any communication that took place
• Text messages, emails, and app messages showing refusals, cancellations, or demands that violated the order
• Screenshots from co-parenting apps such as OurFamilyWizard or TalkingParents, which timestamp communications automatically
• Witness statements from teachers, coaches, or family members who observed the denial of time-sharing
• Records showing the child was not available at the designated exchange location or time

Courts look for patterns, not isolated incidents, when evaluating whether violations are willful. The more specific and consistent your documentation, the stronger your case.

How to File for Enforcement in Miami-Dade

Enforcement begins with filing a Motion for Civil Contempt/Enforcement with the Clerk of the Circuit Court, Family Division. The main courthouse is at 175 NW 1st Avenue, Miami, FL 33128. You can also file at satellite locations in Hialeah, Homestead, and North Dade, or through the Florida Courts E-Filing Portal.

Once filed, you must contact the court so that the court can schedule a hearing.The other parent must be served with notice of the hearing. At the hearing, you carry the burden of showing the other parent failed to comply. The other parent has the opportunity to show compliance or demonstrate an inability to comply. If the court finds contempt, it imposes appropriate sanctions.

Note that Miami-Dade courts often require mediation before scheduling a contempt hearing in most family law matters. An experienced attorney can help you determine whether mediation applies and how to proceed efficiently.

If you are ready to move forward or want to understand what your documentation supports, contact our office for a case evaluation before you file.

What Not to Do While Enforcement Is Pending

Even when your co-parent is violating the order, these actions can seriously damage your case:

• Withholding child support in retaliation — child support and time-sharing are separate legal obligations
• Denying the other parent’s scheduled time — two violations do not cancel each other out
• Making unilateral changes to the schedule without court approval
• Taking the child out of Miami-Dade County without notice, if restricted by your parenting plan

Any of these actions can shift the court’s focus onto your conduct and weaken your enforcement claim.

Frequently Asked Questions

What counts as a time-sharing violation in Florida? Any willful failure to comply with a court-approved parenting plan can constitute a violation — including refusing drop-offs, canceling scheduled time without cause, arriving late to exchanges, or withholding the child entirely. The key word is willful. Courts distinguish between genuine emergencies and deliberate non-compliance.

Can a parent go to jail for violating a time-sharing order in Miami-Dade? Yes. While courts typically exhaust other remedies first, persistent or egregious violations can result in incarceration under civil contempt. The threat of jail time is often what motivates compliance in cases where other sanctions have failed.

How quickly can I get make-up time? Florida law requires make-up time to be ordered as soon as possible and scheduled at the convenience of the wronged parent. In practice, the timeline depends on when a hearing can be scheduled, which varies by the Miami-Dade court’s docket.

How do I document time-sharing violations in Florida? Start a written log immediately — date, scheduled time, what happened, and any communications. Save all texts, emails, and co-parenting app messages. Courts look for patterns, so consistent documentation from the start is more persuasive than records compiled after the fact.

Does my co-parent’s excuse matter? It can. A genuine emergency or circumstance outside the parent’s control may avoid a contempt finding. But recurring excuses or patterns of avoidance are viewed differently than isolated incidents. The court evaluates whether the refusal was willful.

What if I don’t have a formal parenting plan? If your time-sharing arrangement is informal and not incorporated into a court order, contempt proceedings are generally not available. Your first step is to establish a formal parenting plan through the court.