When the other parent is not complying with the court’s orders for parenting time, your attorney can help you file a motion to enforce parenting time orders. Such a motion should be heard by the court on an expedited basis and allows for the following remedies:
- An order imposing additional terms and conditions on parenting time consistent with the Court’s previous order
- An order modifying the previous order to meet the best interests of the child
- An order requiring either parent or both parents to attend a parental education program at the expense of the non-complying parent
- An order requiring the parties to participate in family counseling at the expense of the non-complying party
- An order requiring the violator to post bond or security to ensure future compliance
- An order requiring that make-up parenting time be provided for the aggrieved parent or child under the following conditions:
- That such parenting time is of the same type and duration of parenting time as that which was denied, including, but not limited to, parenting time during weekends, on holidays, on weekdays, and during the summer.
- That such parenting time is made up within six months after the non-compliance occurs, unless the period of time or holiday cannot be made up within six months. In this case, the parenting time shall be made up within one year after non-compliance occurs.
- That such parenting time takes place at the time and in the manner chosen by the aggrieved parent if it is in the best interest of the child.
- An order finding the parent who did not comply with the parenting time schedule in contempt of court and imposing a fine or jail sentence
- An order imposing on the non-complying parent a civil fine not to exceed $100.00 per incident of denied parenting time
Another option to seek when a parent isn’t following court orders is to file a motion for contempt. This seeks specific legal action against the non-complying parent, and requires the filing parent to provide the burden of the proof in the case.
For help in filing a motion, contact The Cossitt Law Firm. Our Weld County child custody attorneys will work with you to enforce your parenting time order.