how can I enforce a parenting plan?

Ex Refusing Court Ordered Visitation?

Goldberg Jones Child Custody, Featured Posts, Goldberg Jones Radio Leave a Comment

In the wake of a divorce with kids or other custody battles, the parenting plan lays out visitation, overnights, and the rest. This is a legally binding court-ordered document. Both parents must abide by what it says. But that doesn’t always happen, does it? What can you do if your ex won’t play along and refuses court ordered visitation?

Rick Jones, one of our founding partners, makes regular guest appearances on the Danny Bonaduce and Sarah Morning Show. On the air, he answers family law questions from listeners. On a recent show, a listener texted in this exact question.

Texted-In Question:

“According to our parenting plan, I’m supposed to have my daughter every other weekend, but my wife hasn’t let me see her at all. How do I force my wife to let me see my daughter?”

Rick’s Answer:

Rick: “A Motion for Contempt. The parenting plan is a court order. So now it’s no longer just the agreement between the two of you had. Now it’s a court document, an official document, signed by a judge.

“So what you do, is you do a ‘motion for contempt. Where you basically say, ‘Look, the parenting plan says I get the kids or the child, and she’s not giving them to me.’

What your recourse is is a couple of things:

  • Number One: Makeup time, which is a slam dunk.
  • Number Two: The courts are supposed to order attorney fees, so she’s likely to be on the hook for your attorney fees. If it is as simple as he’s telling us.
  • Number Three: Going forward, if there’s a contempt finding or a history of contempt findings, that may alone be the basis to modify the parenting plan. Ultimately, that may be your ticket to switch custody if it continues like this.”

Danny:And I’ll tell you this, there are certain things in the law that they sound nice. ‘Parenting Plan’ sounds nice. ‘Contempt’ is not one of those things. When your ex hears the words ‘motion for contempt,’ she’ll cave right away. I would. Whoa, whoa, that’s such a scary word.

PDF: King County Motion For Contempt Form
All Forms: Contempt Of Court Violations

Related Reading: Can Your Ex Keep Your Child From Playing Sports?
Related Reading: Tips to Remaining Civil During Custody Exchanges

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