What to Do if the Other Parent Is Violating the Parenting Plan

 Posted on August 30, 2019 in Family Law

Adhering to a parenting plan is crucial for the wellbeing of your child. When the other parent decides to violate that plan by dropping off your child late or refusing to return your child to you, it becomes necessary to take legal action. Children need structure for proper development and growth, and violating a parenting plan is not only unfair to you, but denying your child this crucial structure is downright harmful.

How Violating the Parenting Plan Increases Hostility and Distrust Between Divorced Parents

There are many reasons why separated or divorced parents hold onto their anger or cannot forgive each other. One study found that social network disapproval toward the other parent (friends disapprove of the other parent) increases co-parenting conflict. Other contributing factors to continued hostility after the divorce or separation is in the past, like “trash talking” the other parent in front of the children, often include infidelity during the relationship and continued poor communication after the marriage or relationship has terminated.

However, one of the greatest sources of conflict between divorced or separated parents is caused when one, or both, parents violate the parenting plan. Dropping the children off late or refusing to make compromises are examples of how a parent may try to gain leverage or assert their authority over the other parent. This comes at a great cost to the children, who inevitably suffer emotional trauma at the expense of being in the middle of a game of tug-of-war between their parents. It is essential to take legal action when you believe the other parent is violating the terms of the parenting agreement.

Examples of Violating a Parenting Plan

• Talking poorly behind the back of the mother or father in front of the child or otherwise trying to alienate the child from their parent or turn the child against their parent
• Repeatedly dropping off or picking up the child late or on the wrong days
• Violating visitation time by cutting the other parent’s time short, missing scheduled visitations, taking the child to unsafe or unscheduled locations, etc.
• Denying the other parent to see their child according to the plan

Contact a Hinsdale Divorce Attorney Today for Help

If the other parent is violating the parenting plan and mediation and other methods have proven unsuccessful, you can take legal action to restrict their visitation or strip them of their custodial rights. For swift action to protect your child or children, call the skilled DuPage County child custody attorneys at the Law Office of Martoccio & Martoccio at 630-920-8855 today to schedule a free consultation.

Sources:

https://www.psychologytoday.com/us/blog/think-better/201111/how-structure-improves-your-childs-brain

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5646134/