Sharing custody of a child will present challenges at some point. Parents are bound to disagree over the parenting time schedule and many important decisions, such as where a child goes to school, when a child sees a doctor, etc. When disagreements occur, it can be tempting to withhold parenting time until the other parent falls in line, especially when it seems clear that the other parent is wrong. However, courts take a severe view of parents who limit or deny parenting time since such action can damage the child’s relationship with the other parent.

An Indiana court of appeals recently overturned a contempt order against a mother for failing to bring her daughter to scheduled supervised visitation sessions because the parenting time order gave the facility where the visitation sessions were located authority properly held by the parent. While the appeals court did overturn the contempt order, this decision does show that even in supervised visitation cases, where one parent poses a danger to the child, courts still look to maintain the child/parent relationship with both parents. Consequently, courts are more likely to take a stronger stance against any interference with parenting time when parents share custody, which is the most common arrangement. A discussion of the different ways a parent can violate a parenting time order, and the options courts have to force compliance, will follow below.

Types of Parenting Time Violations

Parenting time is one component of the parental responsibilities that divorced or separated parents typically share, with decision-making responsibility being the other. Any non-compliance with a parenting time order is technically a violation of parenting time, though courts do expect parents to tolerate occasional and unintended violations of these terms. However, when repeated and intentional interference with parenting time occurs, the law does grant the maligned parent the ability to ask the court to remedy the situation. A parent must first recognize what constitutes a violation of parenting time. Examples of the most common ways parents violate parenting time include:

• Withholding the child: The most straightforward method of violating parent time is preventing the other parent from seeing the child, including intentionally scheduling activities so the child is unavailable during scheduled visits. Both parents must consent to changes in the regular schedule, but withholding the child will be excused if the other parent poses a risk to the child.
• Unfair scheduling: The vast majority of children participate in some type of extracurricular activities, and, using subtler tactics, if one parent is in charge of choosing and scheduling this time, he or she could select activities that unfairly interfere with the other parent’s time with the child.
• Child refusals: Sometimes the child will refuse to see the other parent, but each parent is charged with the obligation to make reasonable attempts to comply with the parenting time order, even if the child is uncooperative. Parents who use this reason to justify non-compliance are not usually believed by a court, and judges assume the parent is lying or the child was coerced.

Methods to Force Compliance

Parents who are unjustifiably denied parenting time can petition the court to hold the interfering parent in contempt, which, if granted, can result in fines, imprisonment and/or community service. Additionally, the parent denied visitation can also ask the court to issue an injunction against the interfering parent, ordering him or her to comply with the standing parenting time order. An award of attorney’s fees and other costs of litigation may also be granted to the parent denied visitation, which is likely if a parent intentionally and knowingly interfered with the parenting time schedule. Most importantly, though, the court could order extra parenting time, to be scheduled at the non-custodial parent’s convenience, to account for the time lost by the interference.

Get Legal Advice

If you are having disagreements with an ex-spouse related to custody and/or visitation, you should contact a family law attorney about enforcing your parental rights to avoid potentially damaging your relationship with your child. Attorney Christopher L. Arrington understands why parents get so emotional about this issue, and will work to find a resolution that is best for you and your child. Contact him today to schedule an appointment.