What Should I Do If My Child’s Other Parent Refuses to Follow Our Child Custody Order?

 Posted on January 23,2020 in Uncategorized

In Illinois, parents who divorce are asked to create a parenting plan. The plan identifies the parent who has the majority of parental responsibility (formerly called custody), describes how major decisions about the child will be made, provides a schedule for sharing parenting time, and more. If the parents are unable to reach an agreement about the terms of the parenting plan through negotiation or mediation, the court may need to decide on a parenting plan on behalf of the parents. However the parenting plan is put in place, it is an official court order that parents are expected to obey completely. If your child’s other parent is not following the directions contained in the parenting plan, he or she could face serious consequences.

When a Parent Intentionally Ignores a Parenting Plan

If your child’s other parent is occasionally late picking up or dropping of your child or makes other minor mistakes with regard to shared parenting, this is not grounds for court action. However, if the parent is purposefully refusing to follow the terms of your parenting plan, it may be time to do something about it. Notify the court of the other parent’s actions and contact an experienced family law attorney. In some cases, a parent who intentionally disobeys a parenting plan can be held in contempt of court and face certain civil consequences. If your child’s other parent is incapable of following the terms of the parenting plan, you may wish to petition the court for a modified parenting plan. Illinois courts will always make child custody and parenting time decisions based on what is in the child’s best interests.  

Parental Abduction and Kidnapping

In extreme cases, a parent’s actions may be considered parental abduction. If you have legal custody of your child and the other parent takes your child away from you and keeps him or her, the other parent may be committing parental abduction. He or she could lose parenting time privileges and face criminal consequences. Parental kidnapping occurs when a parent knowingly confines the child against his or her will through the use of force, threat of force, deceit, or enticement. This is a felony offense punishable by up to seven years in prison. If you believe your child’s other parent has committed parental abduction or kidnapping or otherwise represents a risk to your child, contact the court immediately. Then, reach out to a family law attorney experienced in handling volatile child custody disputes.

Contact a Naperville Parenting Time Lawyer

The directions contained in a court-ordered parenting plan are not optional. For help modifying or enforcing a parenting time agreement, contact the skilled team at Pesce Law Group, P.C. today. Call our office at 630-352-2240 to schedule a free, confidential consultation with a knowledgeable DuPage County family law attorney.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K10-5

http://www.ilga.gov/legislation/ilcs/documents/072000050K10-1.htm