After finalizing your parenting plan, you might hope for a smooth transition to a new co-parenting routine. However, your ex-partner may choose to disregard the terms of your court-ordered agreement. This may cause significant stress for you and your children.
In Indiana, a parenting plan is not a suggestion, but a legal mandate that both parents must follow. If your co-parent consistently ignores the schedule or refuses to communicate as required, you have legal options.
Common parenting plan violations
Violations of a parenting plan can range from minor inconveniences to serious interferences with your parental rights. You might be dealing with violations if these actions disrupt your child’s life. Here are some common examples:
- Refusing to adhere to parenting times: Your ex “cancels” at the last minute without a valid reason, or avoids scheduled parenting sessions
- Changing schedules unilaterally: Your ex-partner switches weekends or holidays without your agreement
- Withholding the child: Your ex refuses to disclose your child’s location or let you meet him or her
- Ignoring communication terms: Your ex-partner blocks calls, refuses parenting apps or interferes with communication between you and your child
- Failing to follow exchange arrangements: such as failing to meet at the ordered location or sending someone not authorized
How you respond to your ex-partner can matter in cases like these. These steps can help you react appropriately and defend both your and your child’s rights.
Document actions and patterns
If you witness violations in parenting plans, your first step is documentation. If it escalates to where you may need court intervention, documentation is evidence. Keep a detailed log of every instance where the plan was not followed.
The best way to do this is to save text messages, emails and call logs that demonstrate the violation. Additionally, if your ex misses an exchange, note the date or time involving the incident. This record is crucial for showing a pattern of behavior to a judge.
Avoid retaliating
In an Indiana court, retaliation is not justifiable because a parent violates the parenting plan. Withholding support or parenting time in response to a violation can put you in contempt of court as well. Always continue to follow your end of the agreement to maintain your standing in any future legal proceedings.
Seek legal enforcement
When informal communication cannot resolve the issue, you have several legal options in Indiana. You can file a “Motion to Enforce” or a “Petition for Contempt” to start legal proceedings. If the court finds the other parent in contempt, they may face sanctions and the court can order “make-up” parenting time.
Additionally, if the current plan no longer works due to changed circumstances, consider seeking a formal modification. Before escalating to court action, consult with a family law legal professional. Your legal representative can help you determine whether enforcement, modification or another approach is best for your situation.