Many parents strive for an amicable dynamic after they end their relationships. They know they have to see each other regularly because of shared custody, and they may try to cooperate to the best of their abilities.
Technically, parents should make decisions based on what is best for their children. After all, that is the primary consideration when the courts establish or modify custody orders. With exceptions for cases involving domestic violence or substance abuse, it is typically best for the children to have regular interactions with both of their parents.
When one parent does not uphold the custody order by allowing the other regular visitation or overnight parenting time, the situation can prove damaging for the children. A parent denied time with or access to their children may need to take legal action to correct the situation.
How can parents navigate scenarios in which they have a co-parent who does not abide by their existing custody order?
Gathering clear records
The family courts rarely take complaints by parents at face value. Custody conflicts are relatively common, and some parents intentionally misrepresent circumstances in the hopes of manipulating the process to their advantage.
As such, anyone hoping to take a custody dispute back to family court usually needs evidence to support their complaints and concerns. A parent dealing with denied or shortened parenting sessions has to create written records affirming the parenting interference they have experienced.
Especially if the other parent admits in writing through text messages, emails or a parenting app to canceling sessions, that can help convince the courts that there is a pattern of behavior that deviates from the standard set by the custody order.
Asking for judicial support
Judges tend to view parents who try to alienate the children from the other parent negatively. A parent frustrated by a reduction in their time with their children can ask a judge to enforce an existing custody order.
Family law judges can reprimand a parent who is non-compliant with the custody order. They can impose penalties, including holding them in contempt of court. They can also award a parent denied time with their children make-up parenting time.
In scenarios where the custody order violations are particularly egregious, judges might decide that modifying the custody order is an appropriate response. They can increase the allocation of parenting time for the adult denied access while reducing the parenting time of the other adult in the family.
Parents dealing with a contentious shared custody situation often need help understanding their rights and asserting themselves in family court, and that’s okay. Pursuing custody order enforcement or modifications can help parents preserve the relationships that they have with their children despite the attempts of the other parent to interfere.