Parental Disregard for the Agreed Summer Visitation Schedule: Next Steps to Consider
Enforcing Parenting Time in California: A Step-by-Step Guide
When a co-parent repeatedly violates a court-ordered parenting plan, it can be a stressful and frustrating situation for the affected parent. However, there are steps you can take to enforce the schedule and protect your rights as a parent.
1. Review the Parenting Plan Carefully
Before taking any action, it's essential to review the exact terms of your court-ordered parenting plan. This will help you confirm that the alleged violations are clear and documented accurately.
2. Document Violations Thoroughly
Keeping detailed records of each violation is crucial. Document every instance of missed or denied parenting time, including dates, times, and any communications. This documentation will be vital for court proceedings.
3. Attempt to Resolve Informally
Sometimes, discussing the issue calmly with your co-parent or using mediation can resolve misunderstandings or conflicts without court involvement. However, it's important to remember to communicate calmly, avoiding insults or threats, as these can be used as evidence in court.
4. File a Motion for Enforcement or Contempt
If violations continue, filing a motion with the family court to enforce the order or hold the violating parent in contempt may be necessary. If the court finds contempt, penalties can include fines, mandatory parenting education, or jail time.
5. Request Court-Ordered Remedies
Courts may issue new orders to correct the violation, set clear guidelines, or impose sanctions. In severe cases, courts might modify the custody or parenting plan to protect the child’s best interest and ensure compliance.
6. Consider Parallel Parenting Arrangements if High Conflict
For persistent conflicts, petitioning the court to establish a parallel parenting plan with defined communication restrictions and neutral exchanges can reduce disputes and promote consistent parenting time.
7. Use Court-Approved Communication Tools
Courts may require communication via monitored platforms like OurFamilyWizard to maintain documented, neutral communication focused on the child, helping enforce the schedule.
8. Request Police Assistance if Child Is Wrongfully Withheld
If a parent unlawfully withholds a child, law enforcement involvement may be necessary to enforce the order and return the child safely.
If you find yourself in a situation where your co-parent is repeatedly violating the court order, the team at Ewaniszyk Law Firm can help. Led by founding attorney Richard M. Ewaniszyk, our child custody attorneys are experienced in California family law and can guide you through the process of enforcing the parenting plan. To discuss the case in greater detail, you can reach out to us online or by calling 760-245-7310 to set up a consultation. Remember, you are entitled to the parenting time as outlined in your court order, and we are here to help you protect your rights.
