Your parenting plan outlines how you and your ex-spouse will co-parent your children once your divorce is finalized. A parenting plan should include a detailed time-sharing schedule, shared parental responsibilities, and contingencies for vacations or sickness. You can face serious consequences if you don’t follow the approved parenting plan. Learn more about these consequences and how to get your ex to comply with a parenting plan below.
Examples of Parenting Plan Violations
You cannot file legal action against your ex for every minor infraction, such as being 15 minutes late to a child exchange. To seek legal action and compel your ex to follow the parenting plan, you must provide evidence that your ex willfully and intentionally ignored or failed to adhere to the approved parenting plan. You must also show that your ex could follow the parenting plan but didn’t.
Common types of parenting plan violations include:
- Refusing visitation
- Consistently late exchange meetings
- Denying or limiting approved communication during the other parent’s visitation time
- Moving out of state without court approval
- Not involving the other parent in major medical or educational decisions.
Consequences of Not Following the Parenting Plan
Here are the actions the court can take against your ex for not following the parenting plan:
Contempt of Court
One of the most serious consequences of not following a parenting plan is being held in contempt of court. When you’re held in contempt of court, the judge may order specific sanctions to help force your ex to comply with the order.
Modifying the Parenting Plan
A judge may order that the parenting plan be modified to reflect the current schedule more accurately if your ex continuously fails to follow it. This modification may decrease your ex’s visitation time with your children.
Court-Ordered Make-up Time
One of the most serious consequences of your ex not following the parenting plan is the court ordering mandated make-up time for the other parent. This time ensures both parents spend the time allocated in the parenting plan with their children.
Pay Attorney’s Fees
Your ex may be required to pay your attorney and court fees if they are found in contempt of court and willfully disregarded the parenting plan.
Attend Counseling
Depending on the circumstances, a judge may order your ex to attend parenting courses or counseling sessions.
What to Do If Your Partner Fails to Follow the Parenting Plan
The goal of enforcing a parenting plan is to get your spouse to adhere to the terms of the approved order. Here are the steps you should take if your spouse doesn’t follow the parenting plan:
Gather Documentation
When you file a motion to enforce the parenting plan, you must provide evidence that your ex consistently and willfully refuses to follow the plan. Track your ex’s violations by saving texts, emails, and voicemails. Log exchange meeting times, noting differences between the time stated in the parenting plan and actual drop-off and pick-up times. Take note of any patterns you see as you document the violations.
Discuss with Parent
After gathering documentation to confirm your ex is violating your parenting plan, the next step is to discuss the situation with your ex, preferably in writing. Note the consistency and frequency of the violations. You should also state how you’d like your ex to correct the problem and list the steps you intend to take if adjustments aren’t made.
File a Motion for Enforcement
If your ex continues to violate the terms of the parenting plan, you can file a motion of enforcement with the family court in the county where the parenting plan was finalized. This motion formally notifies your ex that they are violating the court order and the consequences of not following the parenting plan.
File a Motion of Contempt
You can file a contempt motion if your ex still doesn’t comply with the parenting plan. A hearing will be scheduled to determine whether your ex will be formally charged with contempt of court.
Parenting Plan Creation, Enforcement, and Modification with Remsen Family Law Firm
Failing to comply with an approved parenting plan can have serious consequences. Failing to follow the parenting plan is also detrimental to your children. Parenting plan compliance is complicated and highly emotional. It’s essential to have an experienced family law attorney, like our team at Remsen Family Law Firm, work with you to ensure a favorable outcome. Contact our office today or schedule an online consultation to discuss your case.
