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What Can Happen to You If You Interfere with Timesharing of the Other Parent in the Orlando, Florida Area?

If you interfere with the timesharing of the other parent in the Orlando, Florida area, the judge can do several things to you. The judge can hold you in contempt of court if you willfully interfere with the timesharing of the other parent. Further, the judge can order make-up timesharing. Lastly, the judge can order you to pay the attorney’s fee of the other parent. Further, that is irrespective of your income or ability to pay. That is pursuant to Florida Statute 61.13(4)(c)2. 

Florida Statute 61.13(4)(c)2, which expressly authorizes an award of attorney’s fees and costs in cases where one parent wrongfully interferes with the timesharing of the other, provides: When a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause, the court may order the parent who did not provide timesharing or did not properly exercise time-sharing under schedule to pay reasonable court costs and attorney’s fees incurred by the nonoffending parent to enforce the timesharing schedule.

That is different from obtaining attorney’s fees under the Florida Statute on Attorney’s Fees and Costs in a Marital and Family Law case. Under Florida Statute 61.16, Attorney’s Fees and Costs, there must be a need for attorney’s fees and cost by one party and the ability to pay by the other. Florida Statute 61.16 was designed to afford parties similar access to competent counsel. However, Florida Statute 61.13(4)(c)2 has no requirement that the offending party has the ability to pay.

You can read the two statutes in their entirety here and here. That way, you can see the unique differences between the requirements in the two statutes.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com

This article is for informational purposes only and does not form an attorney-client privilege.