In order to initiate a contempt of court custody agreement proceeding in Florida, you must begin by filing for contempt of custody; you will first need to file a Motion for Civil Contempt / Enforcement (Form 12.960) in the same court that issued your original parenting plan or custody order.
This document can be found on your local court’s website or at the court itself in most cases. The form must clearly explain how the other parent has failed to comply with the court’s order. For instance, you may indicate that the other party is not following the agreed visitation schedule or denying time sharing. It is important to note that the motion must also be formally served to the other party.
The court will then likely set the matter for a formal hearing. During the hearing, the judge will consider the following:
- Whether or not there is a valid court order in place
- Whether the parent had the ability to follow the order
- Whether or not the parent willfully disobeyed the court order
If the court determines that contempt has occurred, it can then enforce compliance through measures like fines, legal fees, or even short term incarceration. Importantly, Florida’s legal system distinguishes between civil and criminal contempt.
Civil contempt, which is the typical route in Florida child custody laws, is used to make someone comply with an order rather than to punish them. Further guidance for these proceedings can be found in the Florida Family Law Rules of Procedure, and key cases such as Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985), which helps to define the legal standards for contempt matters.
What Is Contempt of Court for Child Custody?
In Florida, contempt of court in child custody cases refers to cases where a parent intentionally fails to follow a court ordered parenting or time sharing arrangement. Common violations that lead to someone being held contempt of court include denying scheduled visits or refusing to return the child as agreed. Contempt proceedings are not meant to punish the parent, but rather to ensure compliance with the court’s directives.
There are two kinds of contempt under Florida law: civil contempt and criminal contempt. Civil contempt seeks to enforce the court’s order moving forward. On the other hand, criminal contempt seeks to punish a party for their past disobedience.
In custody situations, civil contempt is typically the avenue that is most pursued. A finding of civil contempt requires proof that there was a valid order in place, the parent had the ability to comply, and their noncompliance was willful. This standard was outlined by the Florida Supreme Court in the Bowen v. Bowen case.
The relevant legal procedures are detailed in Florida Family Law Rule 12.615, which covers how to file for civil contempt, the notice requirements, and what happens at the hearing. Sanctions for civil contempt can include fines, covering the other parent’s legal expenses, or even jail time until the parent complies with the order.
What Happens if the Other Parent Does Not Follow a Court Order in Florida?
As mentioned above, if a parent in Florida willfully disobeys a custody order or time sharing arrangement, the court may hold that person in civil contempt. Being held in contempt can lead to fines, attorney’s fees, or even jail until they comply.
The court may also choose to agree to a modification of custody in Florida or impose other remedies to enforce compliance, if doing so is in the child’s best interests. Under Florida Statutes Section 38.23, refusal to obey a lawful court order after proper notice constitutes contempt of court.
What Happens When You Violate a Court Order for Child Custody?
Similar to what happens when the other parent violated a court order for child custody, if you disregard a child custody order, you may face legal repercussions. A parent who deliberately fails to comply may be found in civil contempt, which can lead to penalties like fines, payment of the other party’s legal costs, or even incarceration until they follow the order.
In more serious violations, such as unlawfully detaining or removing a child, the offending parent may face criminal charges under Florida Statutes Section 787.03. That statute treats interference with custody as a third-degree felony. The penalty for violating custody agreement in a criminal way carries potential criminal penalties of up to five years in prison and a $5,000 fine.
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What Are the Consequences of Contempt of Court in Child Custody?
In Florida, the consequences of contempt of court in child custody cases will depend on the nature and severity of the violation of the visitation order. Civil contempt is the more common route in family law and is used to compel a parent to comply with a custody or time sharing order.
If a parent is found in civil contempt, the court may impose fines, order payment of the other party’s attorney’s fees, or even order jail time until the parent complies. This type of incarceration is considered coercive rather than punitive. This means that the parent can be released by fulfilling the court’s order.
Criminal contempt, on the other hand, is used to punish past misconduct that shows blatant disregard for the court’s authority. This can include repeated or egregious violations of custody orders.
Criminal contempt may result in fines, probation, or jail time, sometimes up to one year if treated as a misdemeanor. As mentioned above, in more extreme cases, such as interference with custody or removing a child without permission, the offending parent could face felony charges, which carries potential penalties of up to five years in prison and a $5,000 fine.
Further, as mentioned above, judges also have the authority to modify custody arrangements that have been violated, if doing so is in the child’s best interests. They may also suspend driver’s licenses or require parenting classes as part of the enforcement process. The goal is to protect the child’s best interests while ensuring both parents respect the court’s authority and the terms of the custody order.
How Do I File a Complaint for Contempt of Court for Child Custody in Florida?
When it comes to filing a complaint for contempt of court for child custody, the general outline was mentioned above. A more detailed guide for filing a complaint for contempt of court for child custody is as follows:
- Draft the Motion: First, you should complete the Motion for Civil Contempt/Enforcement (Form 12.960), being sure to clearly state how the other parent violated the custody or time-sharing order
- You should include specific dates, actions, and any supporting documentation in your complaint
- File the Motion and Pay Fees: Next, you need to submit the completed motion to the clerk of the court that issued the original custody order
- A filing fee may apply, though fee waivers are available for those who qualify
- Serve the Other Party: You will then need to arrange for formal service of the motion on the other parent, following Florida’s rules for service of process
- Conduct Discovery (if needed): If the case involves disputed facts, then you may engage in the discovery process, such as requesting documents, submitting interrogatories, or taking depositions, in order to gather evidence supporting your claim
- Attend the Hearing: The court will then schedule a hearing where both parties can present evidence and testimony
- At the hearing, you must prove that a valid order exists, the other parent had the ability to comply, and they willfully failed to do so
- Await the Court’s Decision: If the judge finds the other parent in contempt, they may impose remedies such as fines, attorney’s fees, make up parenting time, or even jail time until compliance is achieved
Do I Need a Florida Lawyer for a Contempt of Court of Child Custody Issue?
If you are having an issue with the other parent not following the child custody or time sharing order, or if you have been accused of violating the child custody order, then it is recommended that you immediately consult with an experienced Florida child custody lawyer. LegalMatch can assist you in setting up an attorney consultation with a Florida lawyer near you who handles these types of cases.
As can be seen, the process of contempt requires navigating detailed court procedures, presenting solid evidence, and making persuasive legal arguments, all areas where an experienced family law attorney can provide you with valuable support and increase your chances of success.
If you’re responding to a contempt claim, a lawyer can help safeguard your rights, challenge the accusations, and explore possible resolutions before the matter goes to court. Given the potential outcomes, such as fines, changes to parenting arrangements, or even jail, it is always recommended to seek legal advice.
