Dealing with a co-parent who refuses to honor a parenting plan can be overwhelming. When one parent intentionally refuses to follow a parenting schedule or decision-making rules, the court considers it a direct violation of a court order. Neither parent can take the law into their own hands. For instance, one parent cannot withhold child support if the other parent denies visitation, nor can a parent block visitation over late payments.
Legal consequences of violating a parenting plan
Courts use specific legal steps to ensure parents follow parenting orders. If a court finds out that a parent acted in bad faith, Washington law mandates strict penalties, such as:
- Mandatory make-up time: The judge would order equal residential make-up time for missed visits or double make-up time for a second violation within three years.
- Attorney’s fees and expenses: The non-complying parent should pay the other parent’s reasonable legal fees and court costs.
- Fines and jail time: The court can assess civil fines, and in serious or repeated cases, may order jail time until the parent complies with the order.
- Custody modification: Repeated or substantial interference with the parenting plan could justify petitioning the court for a permanent modification of primary custody.
If you need to enforce a parenting plan, start by maintaining clear records of missed exchanges, refused calls and co-parenting app logs. With proper legal support, ensure that you serve the paperwork to the other parent within the notice period required by your local court rules.
Enforcing your parenting plan
Taking clear action can help your family find stability and ensure your court order is followed. Consulting a skilled family law attorney could help you understand your enforcement options and work toward a timely resolution for you and your child.
