What Should I Do If My Ex Is Not Following Our Parenting Agreement?
Getting through the divorce process definitely isn’t easy, but once you’ve signed the final divorce papers, you’ll probably breathe a sigh of relief and be ready to move on to better things. Unfortunately, if you’re a parent, the end of your divorce may not be the end of the problems with your former partner. Since the two of you will need to maintain contact and work together as co-parents to your kids, you may encounter new disagreements regarding parenting issues. If these disputes involve your ex’s refusal to follow the terms of your parenting agreement, you may be unsure of how to proceed, but you should know that you can take steps to enforce the terms of your divorce decree.
Options for Post-Divorce Enforcement
Before taking any drastic action, you may want to contact your ex-spouse to discuss your concerns. In some cases, a violation of your parenting agreement may have occurred because of a misunderstanding or miscommunication, and you may be able to work things out between the two of you and avoid these types of problems in the future. If either of you believes that modifications to your parenting plan are necessary, you may be able to use mediation to come to an agreement regarding changes to issues such as child custody or parenting time.
If, however, your ex has violated your parenting agreement on purpose, attempts to reach a peaceful resolution to the situation may not be helpful. Your ex may be committing parental alienation by trying to limit your time with your children, or acting out of spite and attempting to make your life as difficult as possible. In these cases, you may need to take legal action and ask the court to require your ex to comply with your parenting plan. If you can show that your ex purposely tried to interfere with your parenting time, you may be able to make the case for consequences including parenting time restrictions. Repeated violations could result in your ex being held in contempt of court, which could result in penalties such as fines or even time in prison.
One thing you should not do is try to retaliate against your ex for a violation of your parenting agreement. For example, if your ex refuses to allow you to see your children during your scheduled parenting time, you may believe that it would be appropriate to withhold child support payments. However, if you do so, you could face your own penalties for violating the court’s orders, and a judge will be less likely to rule in your favor when these matters end up in court. Abiding by your parenting plan at all times will show that you are a responsible parent, and it will make your ex’s violations even more obvious.
Get Legal Help With Parenting Plan Violations
The best thing you can do if you are concerned about your ex’s behavior is to contact a family law attorney. Your lawyer can help you determine the best course of action to take, and they can make sure you meet all legal requirements when requesting that the court enforce your parenting agreement or make modifications to your divorce decree. By having a legal advocate on your side, you can protect your parental rights while ensuring that you can continue providing for your children’s best interests, no matter what happens.
Sources:
https://www.mydomaine.com/what-is-contempt-of-court-after-divorce-1103373
