Can I Be Held in Contempt for Violating a Court Order During a Divorce Hearing?

Enforcing a parenting plan after divorce is generally one of the most contentious areas of family law. When one parent refuses to follow the court-ordered timesharing schedule, the other parent can seek relief through a contempt motion. But even in situations like this, courts must stay within clear limits. The recent Florida family law case of Lett v. Lett illustrates both the power and boundaries of contempt proceedings in Florida.

Background of the case

The parties were divorced in 2015. There was a parenting plan in place that provided for equal timesharing of their three children. Over the years, the father accused the mother of repeatedly interfering with his timesharing rights. He filed multiple motions for contempt, alleging that she denied him visitation on several occasions. In his last petition, the father asked the court to:

• Hold the mother in contempt
• Award him make-up timesharing
• Order the mother to pay his attorney fees
• Provide any further appropriate relief

In this case, the trial court agreed with the father. It found the mother in willful contempt for violating the parenting plan. The court ordered her to provide make-up timesharing and to pay nearly $20,000 in attorney fees. Further, the judge also imposed a preemptive fine of $25 per day for each future day of missed timesharing.

The mother appealed.

The appeal

In this case, the Fifth District Court of Appeal affirmed part of the trial court’s ruling and reversed part of it. The contempt finding was supported by evidence. Testimony showed that the mother had willfully interfered with the father’s timesharing. The appellate court also upheld the orders for make-up time and attorney fees.

On the other hand, the preemptive daily fine for future violations was struck down. The appellate court explained that due process requires notice and an opportunity to be heard on specific sanctions. The father’s motion did not ask for fines, and the mother did not have the proper notice that such a penalty was at issue. The court ruled that it was improper for the trial court to go beyond the relief requested in the motion.

Lessons Learned from This Case

Lett v. Lett offers several important lessons for parents.

• Contempt is a powerful enforcement tool – Courts can and will sanction parents who willfully interfere with parenting plans. Remedies generally include make-up timesharing and payment of attorney fees.

• Courts are not unlimited – Even when a parent’s conduct is troubling, judges cannot impose penalties that were not requested or noticed in advance. Due process protections apply in family law as much as they do in other areas of law.

• Defense strategies exist – For parents who are accused of contempt, Lett confirms that overbroad or unrequested sanctions can be successfully challenged on appeal.

Talk to a Clearwater, FL, Divorce Lawyer Today

Cairns Law, P.A., represents the interests of Clearwater residents during their divorce. Call our Clearwater family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.