Sharing parenting responsibilities with an ex-spouse or partner will inevitably create tension and disagreement at some point. Even married couples disagree about childrearing, so navigating this issue following a divorce is an even trickier proposition. One way the law tries to mitigate disputes over child custody and visitation is to require parties that share custody to create and follow a parenting time plan. A parenting plan sets out the duties of each parent and establishes a time-sharing schedule so both parties know when and how much time they will have with the child. This plan provides stability and predictability for the child, which is especially important during the early days of a separation or divorce.

Ideally, the parents mutually form this plan together because they will likely find the arrangement more satisfactory, and consequently, be more willing to comply with the terms. However, if the parties cannot agree, the court will craft a parenting plan for them. In either case, the parties are legally bound to follow the provisions in a parenting plan, but unfortunately, parents do not always follow these plans. A mother was recently arrested in LaPorte for failing to abide by a custody agreement that required her to return her daughter to the ex-husband’s custody. She falsely claimed to relatives she had full custody, and cut off contact with the father when it became time to schedule her daughter’s return. It is important for parents with shared custody to understand the consequences of violating the parenting plan, so a discussion of the legal ramifications of such violations will follow below.

Injunctive Relief/Restraining Order

Two critical points should be mentioned at the outset. First, a parent is not permitted to retaliate for a violation of the parenting time agreement by denying child support or visitation with the child. Courts are vested with the authority to issue sanctions, not parents. Thus, any violation or noncompliance by a parent should be brought to the court’s attention so it may levy sanctions. Second, Indiana law related to parenting time violations is geared towards violations by the custodial parent. The focus on the custodial parent reflects the greater ability of this parent to deny parenting time because they have more control over the child.

Consequently, if a non-custodial parent is denied parenting time, but has the right to spend time with his or her child and makes regular child support payments, the court can issue a permanent injunction that orders the custodial parent to grant parenting time to the other party. Further, the court can also issue a restraining order to block further violations by the custodial parent.

Contempt Orders

Taking things a step further, if a judge determines that parent intentionally violated the terms of an injunction and/or restraining order, the court can hold the parent in contempt. This gives the court the power to:

• Order the parenting time that was denied at a time convenient to the schedules of the non-custodial parent and child;
• Order the custodial parent to pay the attorney fees and costs of the non-custodial parent that were incurred while enforcing the parenting time agreement; and
• Order the custodial parent to perform community service.

Criminal Penalties

It is also possible to charge parents who violate parenting time agreements with a crime. Interference with custody is a crime in Indiana, and occurs when a person “knowingly or intentionally” takes a minor outside the state in violation of a custody order, fails to return a minor per the terms of a custody order, or takes or conceals the child to deprive another person the opportunity to exercise his/her custody rights. These offenses can be classified as felonies or misdemeanors depending on the circumstances, and courts are permitted to consider how long the detention or concealment lasted when sentencing the offender.

Talk to a Family Law Attorney

Violation of a parenting time order is a serious issue that demands a prompt and firm response. Family law attorney Christopher L. Arrington represents clients in the Indianapolis area, and will fight to make sure your parenting rights are respected. Contact him to schedule an appointment to discuss your case.