A child refuses a scheduled exchange, and the other parent assumes that settles it. Florida law does not work that way. A judge treats a child’s stated wishes as one factor among many, weighed only after asking why the child is resisting.
Here is how Florida courts weigh that preference, what happens when an exchange falls apart, and what a parent should do while the current order remains in effect.
A Preference Is a Factor, Not a Veto
Florida Statutes section 61.13 makes the child’s best interests the controlling standard. A court may weigh a reasonable preference, but only if the child has sufficient intelligence, understanding, and experience to form one. Florida sets no fixed age at which a minor can cancel court-ordered time-sharing.
The weight a preference receives varies. A mature teenager’s longstanding, reasoned concern is treated differently than a younger child’s reluctance after one bad afternoon, and neither is automatically controlling. Courts also weigh whether the child reports anything unsafe and whether either parent has discouraged compliance.
A Failed Exchange Is Not Automatically Contempt
Florida appellate decisions separate a child’s own resistance from a parent’s willful interference. In Pearson v. Pearson, the child was brought to the exchange location but refused to leave the car. The court reversed the resulting contempt finding because no evidence tied the child’s conduct to the mother.
Wolf v. Wolf reached a similar result involving a comparable refusal, although the court upheld contempt over the mother’s separate failure to participate in court-ordered family therapy. A contempt finding generally requires a clear order, present ability to comply, willful noncompliance, and competent evidence, so one difficult exchange rarely settles the matter alone.
Respond to Refusal Without Taking Matters Into Your Own Hands
The existing plan stays enforceable until a court says otherwise, and section 61.13(4) gives judges remedies for an unjustified denial of time-sharing, including make-up time, attorney fees, and contempt. Parents are generally better served by continuing to follow the plan, documenting each exchange neutrally, and avoiding pressure directed at the child.
At Wickersham & Bowers, we work with Florida parents facing this kind of standoff. We can help evaluate whether enforcement or modification fits your situation. Call us at 386-252-3000 or reach out to talk it through.
