In a Minnesota family law case, children can be caught in the middle. Once the case is complete, an agreement is made or the court issues an order, it is not necessarily smooth sailing from then on. Disagreements can still arise and it is important to understand how to deal with them. One common challenge involves a parent who does not follow the parenting time schedule. State law provides remedies for this situation and both sides should be aware of it.
What remedies are available for parenting time issues?
When the court determines that the parenting time order was not followed, it can give that parent compensatory time provided it is in the child’s best interests. The remedies will depend on the circumstances.
The court will step in if the court-ordered parenting time is repeatedly and intentionally denied or interfered with or if a parent fails to comply with a binding agreement. If, for example, a parent is supposed to have the child during holidays the other parent ignores that, remedies can be ordered.
The court will subsequently order that the parent grant the other parent compensatory parenting time. The extra parenting time must be the same as what was deprived. The court can order more parenting time or a different type of parenting time, at its discretion. It must be completed within one year of when the parenting time was deprived.
If the violation was found to have been done intentionally, the court can issue a fine of up to $500; order the parent to post a bond to ensure compliance; order reasonable attorney’s fees and court costs to be paid; order other reimbursement for costs related to the violation; and other remedies the court deems fair.
Parents should know their options
In some cases, the parents can negotiate as needed and do so amicably. If, however, a parent simply flouts the order, compensatory parenting time can be awarded. Before getting angry and behaving vindictively, it is important to have legal assistance with how to handle these complicated issues. Calling for family law guidance with settling this matter is imperative to try and reach an acceptable solution and to avoid other problems going forward.