Obtaining an Enforcement When Your Ex Won’t Comply with Time Sharing

As a divorced parent there is nothing more frustrating that being denied time with your children. But it can be more than just maddening – it may also be a violation of your divorce decree and can come with very real legal consequences.

If your ex is consistently violating the court-ordered parenting plan and time-sharing agreement, then it may be time to take legal action. While not every situation requires the courts to be involved – sometimes issues can be resolved outside of court via mediation or alternative dispute resolution processes – there are circumstances that may require you to obtain an enforcement. 

What is a post-judgment enforcement?

Enforcement may be required when one party (your ex) fails to abide by the terms and conditions of the final divorce judgment. This may mean they are not paying child support or are not complying with the time-sharing arrangement.

Seeking a post-judgment enforcement action means you are asking the Florida courts to step in (once again) and issue an order requiring your ex to abide by the decree. 

What to do if you think you need to obtain a post-judgment enforcement

Your rights need to be protected and it’s in your children’s best interests to spend quality time with you – that’s the whole point of the time-sharing agreement and what the judge evaluates when making determinations about your parenting plan.

Violations should not be tolerated. 

If you believe you need to pursue legal action to ensure compliance with the time-sharing agreement and parenting plan issued by a judge, get in touch with us at the Vasquez de Lara Law Group and take these steps:

• Document violations – Take detailed notes of any parenting plan violations or times you were denied visitation with your child. This includes keeping copies of emails or texts, voicemails, or other evidence you may need to show in court.

• Discuss the issue with your ex-spouse – You’ve likely already tried communicating your concerns with your ex, but it’s still a good approach. If the two of you can work things out before it escalates, it will be better for everyone and will also be less expensive, time-consuming, and frustrating as you elevate the issue.

• Consult your family law attorney – Together with your lawyer discuss your options for resolving the issue. There may be ways to do it outside of court. Sometimes a strongly worded letter from an attorney is all it takes to get things back on track. 

For help navigating post-judgment modifications or enforcements, contact us at the Vasquez de Lara Law Group.