What Should I Do if My Ex-Wife Violates Our Parenting Plan?

 Posted on December 26, 2022 in Child Custody

When spouses with children decide to get a divorce, one of the most pressing matters that needs to be sorted out is how to ensure the divorce affects the children’s life to the least extent possible. As a result, determining parental responsibilities and parenting time becomes a critical issue, as children generally benefit from having both parents in their lives compared to only one parent being involved. In Illinois, a parenting plan becomes an essential legal document, usually created through collaborative methods, such as negotiation and mediation, signed by both parents and enforceable by law. In some cases, the parenting plan may be issued via court ruling if the parents cannot create it themselves. Regardless of how the parenting plan is completed, the legally binding plan will map out the parenting time schedule and which parent is responsible for making certain decisions regarding their children. 

But what happens if a parent violates the terms outlined in their parenting plan? This blog will speak about some common parenting plan violations and what can be done if your spouse has violated their part of the plan. If your spouse is violating your parenting plan, contact an experienced family law attorney who will work with you to protect your rights and ensure that the terms in the parenting plan are followed. 

Common Parenting Plan Violations in DuPage County

There are many different reasons a parent would violate a parenting plan. These reasons may include carelessness, anger, or perhaps resentment toward the terms in the original agreement. Violations of the parenting plan may include the following: 

• Failing to allow the children to spend time with the other parent

• Frequently being late when transporting a child to the other parent

• Attempting to interrupt the other parent’s time with the children

• Refusing to provide care for the child during one’s allocated time

• Relocating with the child without receiving permission pursuant to Illinois law

If your ex-spouse engages in any of these behaviors, you can remedy the situation by speaking with them if you believe they can be reasoned with. However, suppose the behavior continues, or you do not think trying to discuss the situation will work. In that case, you can file a petition with the court to enforce the parenting plan.

What Are the Penalties for Parenting Time Violations?

Once you file your petition with the court, you will need to specify and provide evidence to show what exactly your ex-spouse is doing that violates the parenting plan. If you successfully demonstrate that your ex-spouse is violating the parenting plan, the court may face various penalties, including the following: 

• New terms and conditions within the parenting plan

• Mandatory counseling or parental education programs 

• Makeup time issued to the petitioning parent and reimbursements for attorney fees and court costs

• Contempt of court ruling for the non-compliant ex-spouse 

Contact a DuPage County Divorce Order Enforcement Attorney

If your ex-spouse violates your parenting plan, do not hesitate to contact the experienced Wheaton, IL divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 today for a consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.10