It is extremely serious if your co-parent does not comply with a court-ordered parenting plan. Not following a Parenting Plan can cause stress to both the parents and the child, and this can lead a parent to ask the court to change custody.
- A parent can be held in contempt of court for violating a Parenting Plan.
- A parent can be found in contempt with the court for not following a Parenting Plan.
- You must follow your part of the plan, even when the other parent is not following the Parenting Plan.
You have options and steps that you can take when the other parent is not following the Parenting Plan. Usually, you do not want to rush to court or call the police when the other parent is not following a Parenting Plan unless there is an immediate safety concern.
Parenting Plan disputes can be confusing. Make sure you are looking at the most recent plan that the judge has ordered. Carefully read the whole plan to make sure you understand everything correctly.
A lawyer can help you understand your options for what to do when the other parent is not following a Parenting Plan. Lawyers are familiar with the judges and the process.
- A lawyer can help you understand …
- what facts in your case are most important and relevant.
- how to show the court evidence.
- the laws that a judge will look at when reviewing your case.
Understand the Parenting Plan
A parenting plan is designed to provide clear guidance for how parents will share responsibilities and time with their children. It typically includes:
- Custody Arrangements: Who has physical and legal custody of the children.
- Visitation Schedule: Specific times and dates for the non-custodial parent to see the children.
- Decision-Making Responsibilities: Guidelines for how major decisions (e.g., education, healthcare) will be made.
- Communication Guidelines: Rules for how parents will communicate about the children.
Before taking action, review your parenting plan carefully. Ensure you understand its terms and confirm that the other parent is indeed in violation. Misinterpretation of the agreement can lead to unnecessary conflict.
Document the Violations
Accurate documentation is crucial when addressing parenting plan violations. Keep detailed records of any instances where your co-parent fails to comply, such as:
- Missed visitation or late drop-offs.
- Refusal to communicate or share important information about the children.
- Denial of your parenting time without justification.
- Evidence of neglecting agreed-upon responsibilities.
Include dates, times, and any supporting evidence, such as text messages, emails, or witness statements. Proper documentation will strengthen your case if legal intervention becomes necessary.
Communicate With the Co-Parent
In some cases, parenting plan violations arise from misunderstandings or miscommunication. Before escalating the issue, consider addressing it directly with your co-parent:
- Be Calm and Objective: Avoid accusations or confrontational language. State the facts clearly and express your desire to resolve the issue amicably.
- Use Written Communication: Communicating via text or email ensures you have a record of your discussions, which can be useful if the problem persists.
- Clarify the Parenting Plan: Refer to specific sections of the agreement to address misunderstandings.
While communication may resolve minor issues, persistent or intentional violations may require further action.
File a Motion to Enforce the Parenting Plan
If your co-parent continues to violate the parenting plan despite your efforts to resolve the issue, you may need to seek legal enforcement. This involves filing a motion with the court, which may lead to a hearing.
- Court Review: A judge will review the parenting plan and your evidence of violations.
- Enforcement Orders: The court can issue orders compelling the co-parent to comply. This may include makeup parenting time, fines, or other penalties.
- Contempt of Court: If the co-parent’s actions are willful and egregious, the court may hold them in contempt, which can result in additional penalties, including jail time.
Having an experienced family law attorney can help you navigate this process and present a strong case in court.
Modify the Parenting Plan
In some cases, persistent violations indicate that the existing parenting plan is no longer workable. If the other parent’s non-compliance disrupts your children’s stability, you may consider seeking a modification of the parenting plan.
- Substantial Changes: Courts require a significant change in circumstances to justify modifying a parenting plan. Persistent non-compliance often qualifies.
- Best Interests of the Child: The court will prioritize the children’s well-being when deciding whether to modify the plan.
- Legal Assistance: Modifying a parenting plan involves filing a motion and attending a hearing. An attorney can help demonstrate why a modification is necessary.
It is very important to follow all orders the judge makes. In custody cases, the judge may order mediation, and encourage parents to work out a time-share and holiday schedule to be included in a Parenting Plan. If the other parent still will not follow the Parenting Plan, you will want to talk to a lawyer to discuss your options and possible remedies. Each situation is different. It is serious if the other parent does not follow the Parenting Plan, so you want to make sure that you talk to a lawyer. Call Law Practice Ltd. today with any questions or inquiries regarding parenting plans, we are here to help you.