Parent Not Adhering to Summer Custody Schedule: Steps to Take
When faced with a co-parent in California consistently violating a parenting time schedule, it's crucial to document each instance meticulously, recording dates, times, locations, and communications to create a solid record of noncompliance [2][3]. Maintaining calm and avoiding retaliatory behaviour is essential, as the focus should always be on the child's best interests [3].
If violations persist, several legal remedies are available to enforce the existing parenting time order. One such remedy is filing a Motion for Contempt, which asks the court to hold the violating parent accountable. If found in contempt, consequences may include fines, mandatory parenting classes, or even jail time [3].
Another option is requesting court-ordered mediation or counseling to improve cooperation between parents if the situation is less adversarial [3]. In some cases, it may be necessary to seek a Modification of the Custody or Visitation Order if violations demonstrate an ongoing inability to follow court orders or co-parent effectively [3].
In more severe cases, it may be appropriate to request police assistance to ensure the child’s safe return when a child is unlawfully withheld [3]. California courts may also order structured communication tools (such as OurFamilyWizard or TalkingParents) and impose a parallel parenting plan designed to minimize conflict and clarify parenting responsibilities [1].
Repeated and serious violations that show an unwillingness to co-parent or respect court orders can potentially lead to changes in custody arrangements, reduced parenting time, or even sole custody awarded to the more cooperative parent [5]. Courts prioritize the child’s stability and welfare, and interventions escalate as needed to protect those interests.
Communication with the co-parent is key. Attempt to understand why the scheduled hand-off did not occur and request a resolution for the next scheduled hand-off. Misunderstandings of the court order can often be resolved with a quick conversation [4].
The Ewaniszyk Law Firm, a child custody law firm in California, can help divorced parents protect their rights and parenting time. Led by Richard M. Ewaniszyk, the team at Ewaniszyk Law Firm provides legal guidance for those seeking to enforce existing parenting plans or modify custody orders to make them easier to enforce in the future [6]. To discuss further, reach out to the Ewaniszyk Law Firm by calling 760-245-7310 or using online communication [6].
[1] California Courts. (2021). Parenting Plans. Retrieved from https://www.courts.ca.gov/1064.htm [2] California Courts. (2021). Domestic Violence: Parenting Plans and Child Custody. Retrieved from https://www.courts.ca.gov/1064.htm [3] California Judicial Council. (2021). Form FL-300 - Request for Order. Retrieved from https://www.courts.ca.gov/documents/fl300.pdf [4] California Courts. (2021). Parenting Plans and Domestic Violence. Retrieved from https://www.courts.ca.gov/1064.htm [5] California Courts. (2021). Modifying a Parenting Plan. Retrieved from https://www.courts.ca.gov/1064.htm [6] Ewaniszyk Law Firm. (2021). Child Custody Lawyers in California. Retrieved from https://ewaniszyklaw.com/child-custody-lawyers-california/
