Parents may encounter issues regarding parenting time following a divorce despite having a child custody order. Sometimes one parent refuses to make a child available during designated parenting time, making it very difficult for the other parent to continue a meaningful relationship with their child.
In Illinois, when a temporary order awarding parenting time is entered or an allocation of parenting time or parental responsibilities is entered, those orders have the full authority of law and parents must comply with the parenting plan. Failure to do so can be consequential.
If a parent cannot resolve the issue, they may file a petition with the court to enforce parenting time. If the court finds that a parent is in violation of the parenting plan, the court may issue an order to include any of the following:
* Imposing additional terms and conditions to the existing parenting time order
* Requiring one or both parents to attend parental education at the non-complying parent’s expense
* If a history or possibility of domestic violence exists, the court may require one or both parties to participate in counselling sessions
* A non-complying parent may be required to post security to ensure compliance in the future such as a cash bond
* Require the non-complying parent to provide additional parenting time to make up for lost time
* A finding of contempt of court
* Civil fines and reimbursement of fees to the parent bringing the enforcement action
* Other provisions in that serve the child’s best interests
Fines, attorney fees and counseling are par for the course when court is asked to enforce a parenting plan or court order. In particularly egregious cases, such as when a parent is facing blatant parental alienation or when non-compliance persists, the court can exercise significant punitive powers when holding a party in contempt such as suspension of a driver’s license, incarceration, probation, enhanced fines and even the modification of the parenting time order favoring the parent denied access to their child.
Contact an Experienced Child Custody Lawyer for Help Today
If you are being denied court ordered parenting time with your child, or need a modification of the parenting plan because your situation has changed substantially, it is important to discuss your situation with an experienced child custody lawyer. Contact the Libertyville child custody law office Ronald L. Bell & Associates for immediate assistance today.