According to Florida case law, there is no law that requires a trial court to hold a person in contempt for violating a time-sharing parenting plan, and a trial court does not abuse its discretion simply by declining to do so:
Under Florida law, “[t]here is nothing that requires a trial court to hold a person in contempt” for violating a time-sharing plan, and a trial court does not abuse its discretion simply by declining to do so. Milton v. Milton, 113 So.3d 1040, 1040 (Fla. 1st DCA 2013). As was its prerogative, the trial court opted to not hold the Mother in contempt, not for lack of a factual basis, but as a means of discouraging further vindictive and vexatious litigation between the parties. Because the parties had already demonstrated a proclivity to engage in such untoward tactics, this decision was not arbitrary and thus did not constitute an abuse of discretion. See Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980). And, as noted, even without a valid reason to deny a contempt motion, there is no authority mandating that a trial court hold a party in contempt even based upon the movant’s factually correct motion. Milton, 113 So.3d at 1040. Accordingly, we affirm on this issue in this instance and remind the parties that the trial court can exercise its contempt powers if and when it deems it necessary to address any future violations of the parties’ time-sharing agreement.
- Child Custody in Florida
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