What Should I Do If My Child’s Other Parent Is Not Following the Parenting Time Schedule?

 Posted on May 25, 2023 in Family Law Blog

Separated and divorced parents often worry about how the separation will impact their relationship with their children. It can be extremely hard for a parent who is used to tucking their child into bed every night to go days or weeks without seeing the child.

Most divorced parents are subject to a parenting time schedule that describes when each parent will spend time with the child. Parents are expected to comply with this schedule and transfer the child on time. While most parents will understand a few late drop-offs or early pickups, when the parenting time schedule is repeatedly violated, the other parent may need to take legal action.

Unlawful Visitation Interference

The parenting plan is not a suggestion. It is a legally binding court order. Parents who intentionally and consistently fail to comply with the provisions of the parenting plan may be subject to significant consequences.

According to Illinois law, withholding a child from the other parent, called “unlawful visitation interference,” is considered a crime. Although it is a petty offense only punishable by a small fine, if a parent is found to have committed visitation interference for a third time, this is a Class A misdemeanor. A parent may also be found in contempt of court for violating the parenting plan.

Enforcing Parenting Time Through the Court

Although withholding a child from the other parent can be considered a crime, it is usually advised to enforce a parenting plan through the civil court system.

Parents seeking to enforce the parenting time schedule can also file a petition to enforce parenting time through the court. The court will evaluate the evidence and determine whether the parent has failed to comply with the parenting plan. If a parent is found to have violated the parenting plan, the court has the authority to implement several different remedies including:

• Modifying the terms and conditions of parenting time

• Requiring one or both parents to attend a parental education program

• Requiring one or both parents who participate in counseling

• Require the non-complying parent to post a cash bond to ensure future compliance

• Provide make-up parenting time to the parent who was unfairly denied parenting time

Contact our Lombard Child Custody Lawyers for Help

If your child's other parent is not following the terms of your parenting time schedule, call our Lombard family law attorneys for help. We will evaluate the situation and determine the best way to handle it. Call our office at 630-426-0196 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K607.5.htm