What to Do if Your Ex-Husband is Continuously Violating the Parenting Plan

 Posted on May 09, 2023 in Child Custody

Parenting plans are an essential part of any divorce in Illinois when children are involved. These plans are responsible for outlining the allocation of parental responsibilities of both parents, which affects how essential decisions will be made about the child’s upbringing. The parenting plan also outlines how parents will handle parenting time, or the time each parent spends with the child.

Unfortunately, there are times when a parent breaches the parenting plan agreement, leading to a range of countermeasures, including taking legal action against that spouse. Contact an experienced family law attorney to understand your legal options if your ex-husband has repeatedly violated the parenting plan.

Here is What to Do if Your Ex-Husband is Violating the Parenting Plan

If your former husband regularly violates the parenting plan, here are some steps to consider taking, including:

• Keep records – Whenever parenting plan violations occur, document the date, location, and precisely what happened in as great detail as possible. Save voicemails and make copies of text messages, keep all copies of emails, and keep track of your observations in general. Detailed explanations and copies of documents can help build a strong case in court.

• Talk to your ex-husband – Conversing with your ex-husband can help resolve conflicts effectively. Try to articulate what specific parenting rules have been broken and speak respectfully. If adjustments demands are reasonable, amicable resolutions can potentially help minimize future violations. 

• Seek mediation – Mediation presents a more private, budget-friendly, and more flexible approach to conflict resolution compared to the court. A mediator experienced in custody cases can help facilitate communication, clarify misunderstandings, and provide legal guidance for both parties without infringing on your rights. 

• File a motion for non-compliance – If the former steps do not bring resolution, consulting a family law attorney may be necessary to request a legal intervention to enforce specific parenting plan provisions. Your attorney may draft and file a motion of non-compliance, asking the court to hold the ex-husband accountable for violating the parenting plan.

• Modify the parenting plan – In some cases, modification of the parenting plan may be necessary, especially when violations are consistent. The court may modify the parenting plan to help promote and safeguard the child's best interests.

Contact a DuPage County Family Law Attorney

Parenting plan violations can be frustrating and exhausting. If you are facing this problem with your ex-husband, do not be afraid to take action. Contact the skilled Wheaton child custody lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

Source - https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm