Parenting plans are special legal instruments that are meant to protect the welfare of children while reducing disagreements between parents.
An example of this would be if one parent violated the parenting plan by denying visitation or altering visitation times with no communication.
If you’re facing such a situation, it’s important to take measured and intelligent Action so that both you and your child’s best interests are protected and your parental rights maintained.
Understanding Parenting Plan Violations and Legal Affairs
When the court approves a Parenting Plan, it is a binding order of the court. When a party violates a Parenting Plan, such as by denying visitation to the other parent, changing the schedule without prior notice or communication with the other parent, or in any other manner, the violating party is violating a court order.
The violating party may be held in contempt of court. There are many remedies available to remedy the contempt; some examples are assessed fines, incarceration for continued noncompliance with the court order, or in egregious cases where a pattern of violations has developed, the court may modify the existing custody or visitation arrangement.
What To Do When A Violation Occurs
Document Each Violation with Accuracy
You must accurately and thoroughly document every violation of the Parenting Plan in order to prove that the violating party committed a violation. In order to do so, you will need to maintain a written log of missed visits and late pick-ups and your log will need to include the dates, the times, and a written description of the event.
You will also need to preserve written and electronic communication that demonstrate noncompliance with the Parenting Plan by the other parent, as such evidence could be extremely important to establishing an accurate record if you choose to pursue a legal remedy in the Family Law Court.
For example, if the other parent repeatedly violates the Parenting Plan by failing to drop off your child at the prescribed or scheduled time, keeping a series of text messages wherein you remind the other parent of their duty to deliver your child to you at the scheduled time, and the other parent’s responses to those text messages would be admissible as legal evidence if you seek to enforce your Parenting Plan in the Family Law court.
Communicate Calmly and Openly With Your Co-Parent
Before proceeding with any legal action, you should attempt to communicate directly with your co-parent. Your co-parent may not understand the seriousness of their actions or there may be additional issues affecting your co-parent’s ability to comply with the Parenting Plan. When you talk with your co-parent, do so as calmly as possible and keep the focus of your conversation on your children’s best interests and avoid placing blame. If communicating with your co-parent continues to prove fruitless and/or difficult, consider using a co-parenting app to effectively manage and organize your co-parenting schedules and to track compliance with the parenting plan.
Consider Mediation
Mediation is often a less adversarial, non-judicial means of resolving disputes between co-parents over the terms of the Parenting Plan. A mediator is an impartial third party who works with both parents to resolve disputes through collaborative efforts with both parents. Courts much prefer that parents resolve disputes through mediation, because mediation resolves disputes with minimal conflict and allows parents to maintain control of all decisions affecting their children, rather than a judge.
For instance, if a parent has recently started working a job with non-traditional hours, that parent may not be able to comply with the visitation order as described in the Parenting Plan because of the parent’s new job demands. Mediating the visitation schedule could result in amendments to the Parenting Plan that address and accommodate the needs of both parents, while still ensuring that the child can develop a routine.
When Legal Action Is Necessary
If a Parent fails to comply with the Parenting Plan and communication/mediation fails, then the other parent may seek legal intervention in order to enforce the Parenting Plan. The following are methods to enforce compliance with a Parenting Plan:
- Motion for Contempt: If you cannot obtain compliance with the Parenting Plan after communicating with and/or attempting to mediate with the noncompliant co-parent, filing a motion for contempt against the noncompliant parent is an option. Once a parent violates a Parenting Plan, the parent may be penalized under the law as follows:
- A finding of contempt of court
- Financial penalties (i.e., money damages)
- Possible incarceration of the violating parent
- Modification: If repeated violations of the Parenting Plan have resulted in disruption of the child’s stability, you may seek a modification of the Parenting Plan. Courts evaluate cases based on what is in the best interests of the child. Many times when one parent has continuously violated the terms of the Parenting Plan, the noncompliant parent could have their visitation rights or custody changed.
- Emergency or Protective Orders: If the noncompliant parent’s actions pose an immediate risk to the safety of your child, you may want to obtain a protective order or an emergency order of custody of your child.
Contact The Law Office of Anthony Griego, LLC for Help
If you are facing violations of a Parenting Plan, it’s important that you understand that you do not have to go through this alone. The attorneys at The Law Office of Anthony Griego, LLC know that co-parenting issues involve emotional and legal complications.
Our experienced family law attorneys will assist you in every step of the process to develop a plan and implement strategies to address your disputes while protecting your rights.
Contact us today at 505-508-3110 or complete our Request a Consultation Form, to schedule an appointment to obtain the assistance you need.
