If the other parent does not pursue this, nothing will happen.
But what if the other parent does not want to comply with the parenting plan? Nothing occurs unless the other parent pursues having the parenting plan enforced. But what if the other parent desires to enforce the parenting plan, what can be done?
A parenting plan becomes part of a judgment and becomes an order of the court. Failure to adhere to the parenting plan is breach of a court order. If one parent disobeys the court order there are a few courses of action.
The other parent would have been able to file a motion for contempt requesting the court’s enforcement of its orders.
The non-compliant parent could face repercussions such as paying the other parent’s attorney’s fees and costs for having to bring a motion to enforce the order. Both financial and custody/ visitation provisions of the parenting plan have this option available for a violation of the terms. E.g., refusing to pay college expenses for emancipated minor.
If one parent denies or interferes with custody or visitation and does not have a valid reason to do so, the other parent can petition the court by filing a Motion for Family Access Order.
The representation is not required in the preparation or filing of a family access motion with the court. Clerks of the court will explain how to file a family access motion and will provide a form to assist in filing the motion.
The family access motion must set forth the details of the violation of the parenting plan. The noncompliant parent will then be served with the motion and a summons to appear. A hearing will be held for the court to determine if there has been a non-permitted, non-violation of the custody or visitation order.
If there is an allegation of non-compliance with the court’s order regarding custody or visitation, without good cause, the court shall, pursuant to a family access motion or motion for contempt, grant a remedy, which can include, but is not limited to:
Comp or make-up time.
Counseling for the parent breaching the parenting plan to teach him/her the necessity of fostering an ongoing, meaningful relationship between the child and both parents.
- Imposition of a $500.00 fine against the refusing parent to be paid to the other parent.
- Ordering the noncompliant parent to post a bond or security as assurance for future compliance with the court’s access orders.
- Forcing the parent in noncompliance to pay the other parent’s legal fees.
- The noncompliant parent is ordered to bear the expensive cost of therapy to repair the parent-child relationship with the other parent.
By refusing to comply with the parenting plan, an individual is opting to disregard a court order. Courts frown on flouting their orders without reasonable justification. If one parent simply ceases to comply with the parenting plan and good cause does not exist, there are options for the other parent, but the parent who would like to enforce it must pursue options.
To speak with one of our experienced attorneys about court order enforcement, call The Law Office of Anthony Griego at 505-508-3110.
