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Do you have any recourse when your ex violates the parenting plan?

Parenting plans are legally binding agreements that both parents must follow after divorce. When one parent is ignoring the parenting plan details, that can make co-parenting a challenge and makes things confusing for the children.

There are things you can do if your co-parent is refusing to follow the parenting plan.

Gather documentation

As soon as you start experiencing trouble with your former spouse not complying with the parenting plan, start documenting issues. Keep a calendar to record incidents, record as much as you can and save text messages or voicemails that detail issues as they arise. If you have to petition the court, you need this evidence.

Notify your ex about the violation

The next step is to notify your ex of the violation in writing. Whether you notify them by email, text or certified mail, detail how they are in violation of the parenting plan, what steps must happen to resolve the problem and what measures you will pursue should they refuse.

File an order of contempt

If you can not resolve the problem between you, the next step is an order of contempt with the court. You will appear in front of a judge and present the documentation that you have gathered. The judge will evaluate the case and issue a court order to resolve the situation.

You may feel as though you have no recourse when your ex refuses to comply with the parenting plan, but that is not the case. You can protect yourself and your children by enforcing the court’s authority.