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What are the remedies for disregarding a parenting time order?

| Mar 15, 2021 | Child Custody

In Minnesota, the most challenging aspects of family law often center around children. This involves child custody, child support and parenting time. Parents will want a significant role in their child’s life and if the relationship between them is acrimonious, it can be the foundation for discord. Even situations where the parents are amicable or on reasonably good terms, child custody and parenting time can be problematic. Parents are obligated to abide by a court order regarding parenting time. If this is not done, then the court has certain remedies that it will implement to address the issue.

Available remedies for failing to adhere to the parenting time order

The court will take steps to address the failure to follow the parenting time order except in cases where there is a justified reason for not allowing the parenting time because it does not serve the child’s best interests. The court will intervene if the parenting time is repeatedly denied or interfered with. It will also intervene if there is a binding agreement or decision and it is repeated and intentional lack of compliance. The parent who has deprived the other parent of time with the child must provide compensatory time to make up for what was lost.

With compensatory time, the parent must have the same kind of visitation for the same amount of time. It can differ if the court deems it just. This must happen within one year of when the parenting time was initially denied. The parent who was deprived of parenting time can decide when it will take place. There can be other penalties for the parent who denied parenting time including a $500 fine; a bond posted to make sure he or she complies; paying for legal fees; reimbursement for the costs that were incurred because of the failure to adhere to the order; and other remedies the court finds appropriate.

To address parenting time issues, having professional advice may be key

Barring issues of safety and security, it is generally beneficial for the child to have extensive contact with both parents. Based on family law, parents are obligated to follow the schedule or negotiate on their own to ensure there is satisfactory time spent with each parent. If there are problems with the order not being followed, it is important to understand what can be done. Parents should not take matters into their own hands. Having assistance from experienced professionals can help with making sure the parenting time order is followed or compensatory time is awarded.

 

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