Even if your separation was relatively peaceful, it can be concerning when your ex doesn’t follow the parenting plan. When a plan is created, the goal is to protect your child’s best interests while also making sure both parents have meaningful time with them. If both parents follow that agreement, it creates consistency for everyone involved, especially the child. When violations happen repeatedly, it can disrupt your child’s routine and create conflict between parents.
It’s important to understand what counts as a parenting plan violation, how to document the issue, and when to seek legal help. This will help make it easier to protect your rights while keeping your child out of the middle.
Understand What Counts as a Parenting Plan Violation
There is a difference between a one-time mistake and an ongoing pattern of ignoring the parenting plan. If you need to involve the court, document the pattern of behavior to help explain what’s been happening. Parenting plans are court orders, so that means you’ll need to collect evidence and build a strong case if you’re concerned there’s a problem.
There are many types of behavior that could be considered a violation of a parenting plan, including:
- Consistently arriving late for pick up or refusing to return your child on time
- Refusing to allow scheduled parenting time
- Preventing phone communication between you and your child
- Canceling parenting time without agreement
- Making major decisions about education, healthcare, or religion without your input
- Relocating or traveling in ways that violate the agreement
Not every argument or disagreement counts as a legal violation, so carefully consider if the issue at hand is a one-time problem or a consistent pattern.
Even if you are frustrated, don’t withhold parenting time or make your own changes to the schedule. Taking steps outside the parenting plan could create additional issues.
Related Reading: If you’re dealing with a difficult custody situation, learn more about handling complex child custody matters in Illinois.
What to Do When Your Ex Isn’t Following the Plan
Showing that your ex’s behavior is a consistent pattern means you’ll need to clearly document each violation. Be as thorough as possible. Save text messages and emails, document dates and times, and write down important details about each incident while they are still fresh. It’s also important to stick to the facts and avoid emotional commentary in your documentation.
In many cases, it helps to try to communicate with your ex before going to the courts. Try to resolve the parenting plan issues through communication, and keep your child’s well-being at the center of the conversation when you’re having these discussions. In some cases, this can help parents avoid a larger issue. It can also create a written record that you attempted to resolve the issue before seeking court intervention. If this does not work however, you may need a court’s help to enforce the parenting plan.
A Motion to Enforce asks the court to order compliance with the existing parenting plan. If you believe your ex is intentionally refusing to follow a court order, your attorney may recommend filing a Petition for Rule to Show Cause, which asks the court to decide whether your ex should be held in contempt. Depending on the circumstances, the court may order your ex to follow the parenting plan, award makeup parenting time, require payment of certain costs, or make other changes if the violations are serious.
Related Reading: Communication and negotiation can play an important role in resolving family law disputes. Learn more about negotiating a settlement with your spouse.
Protect Your Child While Protecting Your Parenting Rights
It’s understandable that you’d feel angry or emotional when your ex is consistently ignoring the parenting plan. But what’s important here is not letting your emotions get the best of you and dealing with this in a way that’s the least stressful for your child. Don’t involve them in your conflict as parents, and don’t discuss the legal dispute with them. Their well-being and stability is what’s more important here.
If parenting plan violations continue, working with an experienced family law attorney can help you understand your options and decide what steps you should take next.
Understanding Your Options After a Parenting Plan Violation
A parenting plan is meant to create stability after a divorce or separation. When your ex doesn’t follow that agreement, it can leave you unsure about what steps to take next. Understanding your options can help you respond in a way that protects your parenting rights while keeping your child’s best interests top of mind.
David King Law can help you understand your legal options and determine the next steps for your situation. Reach out to the firm to schedule a consultation.
