When Courts Go Too Far: Enforcement Limits in Florida Parenting Plan Disputes

Family law disputes over parenting plans are some of the most frequent, as well as heated, matters handled by the Florida courts. When a parent does not obey an order from the court regarding a parenting plan, the other parent can have them brought before the court for contempt. Yet, courts are also required to consider issues of due process in enforcing court orders. In this article, we’ll take a look at a Florida family law case that involves the enforcement of court orders.

Background of the case 

In the aforementioned case, the disputing parties were former spouses who developed a parenting plan, which included a timesharing agreement with their minor children. Disputes began to occur over interference in the timesharing order. The parent who was deprived of timesharing asked the court for a contempt motion because the other parent deprived them of their time with their child.

The lower court ruled that there had been a violation and provided appropriate relief. Apart from making provisions of the parenting plan effective, the judge also granted an award of attorney fees. At the same time, the judge made some decisions in favor of the parent who was denied timesharing.

The appeal

On appeal, the Second District Court of Appeal reviewed the trial court’s decision and issued a ruling on whether the trial court abused its discretion when it awarded sanctions not requested or pleaded in the contempt motion. The Court of Appeal recognized the power and authority of the trial court to impose sanctions for violations of orders such as parenting plan orders.

It is important to note in contempt cases, a crucial requirement is that there must be proper notice of the specific relief being requested by the other party. Due process provides an opportunity for the party to prepare and defend against the request for the sanctions to be imposed on the offending party.

The appeals court ruled that while the trial court has the authority to determine that there has been a violation of the parenting order, and the imposition of sanctions in the form of attorney fees, the trial court abused its discretion in imposing other sanctions because it did not have the specific notice in the contempt motion, nor a request for those sanctions.

Key takeaways

This case provides several key lessons for those involved in family law litigation. These include:

• Due process rules apply – Despite the emotionally charged nature of family law cases, due process requirements remain intact. The parties need to be notified of the specific kind of relief the moving party is requesting.

• Contempt powers limited – Although contempt proceedings are allowed to enforce a parenting plan, the power of the courts in imposing penalties is limited to those based on pleadings. You have to ask for what you want.

• Award of attorney fees routine – In most cases, the award of attorney fees will happen when there is a violation of the parenting plan.

• Clear description of penalties required – A motion for contempt should describe all the penalties the moving party is seeking as relief.

Talk to a Largo, FL, Family Law Attorney Today

Cairns Law, P.A., represents the interests of Largo residents who are going through a divorce. Call our Largo family lawyers today to schedule an appointment, and we can begin discussing your case right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/117123809.html