Key Takeaways:
- Once in place, both parents must honor a parenting plan.
- Problems arise when this cooperative arrangement falls apart.
- Contempt of court is the willful and intentional disobedience of a court order.
- A motion for contempt is an official way to ask the court to compel the violator to follow the custody arrangement.
- In more severe cases, the court may order a hearing to modify the entire custody arrangement.
Parenting plans cover everything.
This includes where the child lives, which parent has decision-making power, how parents settle disputes, and more. They also address matters such as transportation and child exchanges.
Once in place, both parents are legally obligated to honor a parenting plan.
Problems arise when this cooperative arrangement falls apart. Parents may flaunt the established rules in many ways. This can be blatant, like your ex denying visitation, or more subtle.
Perhaps it starts small, like showing up late, picking up your kids at the wrong time, or changing a vacation at the last minute. However it plays out, it’s often a slippery slope you should watch for.
Custody Agreement Violations
Sometimes you must turn to legal means to get the other parent to adhere to the custody agreement.
Contempt of court is the willful and intentional disobedience of a court order. When it comes to child custody agreement violations and family law issues, contempt manifests in a variety of ways:
- Denying your visitation as laid out in a parenting plan.
- Your ex won’t return your child at the end of a visit.
- Your ex doesn’t make reasonable attempts to ensure the child makes scheduled visits.
- Failure to make court-ordered support payments.
Motion For Contempt And Enforcement Proceedings
A motion for contempt is an official way to ask the court to compel the violator to follow the court order.
The goal of a motion for contempt is to get the other party to follow the schedule in the future. In a custody agreement violation, enforcing a parenting plan most commonly takes the form of suing to enforce visitation, child support payments, and other specific terms.
What to do if a parent violates the parenting plan
The first step in enforcing your parenting plan is to file a motion seeking enforcement with the court.
Once you file this motion, the court will conduct a hearing no more than 45 days after the filing. Unless both parties agree to other terms. The court then reviews the motion to determine if a violation has occurred.
To be clear, enforcement proceedings can be long, expensive, and time-consuming. They’re most often used in flagrant cases or cases where a person is habitually in contempt of the parenting plan or custody arrangement. Sometimes, however, the threat of legal action may be enough to get your ex to play ball.
Related Reading: What Is The UCCJA? A Look At How It Protects Children
Common Enforcement Proceeding Outcomes
There are three typical outcomes to this type of enforcement proceeding. They are:
- A judge finds there was no violation, and no further action is taken.
- The parenting plan was violated, but with good reason, and no remedy is required.
- The parenting plan was violated, and a remedy was ordered.
Consequences of violating a parenting plan vary depending on the severity of the infraction. In relatively minor cases, the court may allot one parent additional visitation to make up for lost time with the child.
In more severe cases, the court may order a hearing to modify the entire custody arrangement.
A judge can also:
- Add new terms to the parenting plan.
- Order counseling or parenting classes.
- Suspend child support
- Enforce civil penalties.
- Order the offending parent to pay the other’s court and attorney fees.
- Hand down jail time if the case warrants such an action.
Related Reading: Parenting Evaluations in Oregon
Benefits Of Enforcement Proceedings
A successful outcome of enforcement proceedings is readily apparent: moving forward, your custody situation should be more straightforward and follow the previously established path. But there’s more.
If your ex is found in contempt for violating the parenting plan—meaning that a judge formally reprimands them—you may wind up with benefits beyond simple assurances they’ll follow the plan.
You may get additional time with your children to make up for missed visitations, holidays, or vacations. In some cases, since you almost certainly had to hire an attorney to represent you in enforcement proceedings, your ex may have to cover all or part of your legal fees if the violations are deemed willful and intentional.
It may only take one sound legal thrashing to set your ex straight. In some cases, even the threat of legal action may get things back on track. While no one wants to resort to enforcement proceedings, they can be valuable tools in the right situations.
Related Reading: What is a Status Quo Order?
Related Reading: What is a Parenting Evaluation?