A parenting plan is a legally binding agreement that highlights custody arrangements, visitation rules, and parental responsibilities after a divorce or separation. When one parent fails to stick to the plan, it can create conflict and affect a child’s routine.
Not sticking to the parenting plan is among the factors affecting child custody decisions and could affect the arrangement. If your co-parent is going against the agreement, it is important to take the necessary steps to protect your child’s best interests. This article discusses some actions you can take when faced with such a situation.
In This Article
What Are Parenting Violations?
Parenting violation happens when one parent fails to follow the agreed custody or visitation terms. Examples of violations include:
- Refusing the other parent their right to the court-ordered visitation time.
- Frequently missing scheduled pick-ups and drop-offs.
- Relocating the child or moving to another country without the proper legal consent.
- Making major decisions that affect the child’s upbringing without consulting your fellow parent. For instance, something around education and healthcare.
- Lying about the availability of a child.
- Accusing another parent of violations that never happened.
After understanding these violations, here are some available solutions for parents:
Communicate With the Other Parent
In some cases, violating parenting plans can be due to misunderstandings or unavoidable circumstances. If the issue is minor and you are on good terms with your fellow parent, consider discussing the issue and resolving it amicably. Good communication can help clarify any misunderstandings of the agreement.
If direct communication is difficult, try meditation services. Through meditation, parents can reach an agreement with the help of a third party. You can also use co-parenting apps to hold conversations. When all these techniques prove futile, taking further legal action may be necessary.
Document the Violation
It is important to maintain detailed records of the violation, as these will come in handy during legal intervention. Take note of any denied visitations, including the date and time.
Also, record any text messages, emails, or voicemails showing the other parent’s not complying with the parenting plan. Additionally, collect witness statements and police reports if there are any.
Consider Legal Remedies
Going the legal way may not be an ideal solution. However, if all efforts to resolve the issue amicably fail, this may be the best course of action. Depending on how bad the violation is, you may file a motion for contempt of court if the violations are repetitive and unbearable.
You can also petition the court to modify the parenting plan if the current arrangement is not working. Courts take these violations seriously. They may impose penalties like:
- Fines and penalties
- Supervised visits
- Change custody agreement
- Compensate visitation time
- Jail time for serious violations
- Compensate for attorney fees
The court’s priority is always to consider the child’s best interests. They will make adjustments to the parenting plan if necessary.
How to Prevent Parenting Plan Violations
To minimize future violations, you can ensure the parenting plan is detailed. Have an attorney explain your rights and any unclear details. Also, the plan should be enforceable and every parent is legally obligated to abide by it.
Additionally, parents should make use of co-parenting apps like Our Family Wizard and 2Houses to keep track of custody schedules and avoid miscommunication. Attorneys can also come in handy in communication.
If the current plan no longer serves the child’s best interests, parents can seek legal modification. It is important to consult a lawyer who can discuss more options available according to your situation.
Conclusion
Violating a parenting plan can be emotionally and physically frustrating. However, it is important to handle the situation calmly, following the right steps to prevent the matter from escalating. If your fellow co-parent continues disregarding the plan, consult a family law attorney to guide you on the best steps to take.
