Sometimes, despite having court ordered child custody arrangements, one parent may interfere with approved parenting time directly or indirectly making it difficult for the other parent to see their child or continue a positive relationship.
Direct Interference of Parenting Time
Direct interference boils down to physically preventing the other parent from seeing the child. The offending parent may take the child without permission outside of their scheduled parenting time or refuse to return the child according to the plan. They may just cancel the parent’s visitation without an explanation or go so far as to move the child to another location – in another state or country – without permission.
Indirect Interference of Parenting Time
Indirect interference violates the other parent’s rights by disrupting communication between the parent and child. Refusing to allow the child to contact the other parent via phone or other electronic communication can constitute interference as can blocking the other parent from participating in the child’s school or extracurricular activities simply by keeping the either parent out of the loop.
Parental Alienation
Some types of interference may also result in parental alienation. A parent who not only obstructs parenting time, perhaps by coaching a child to dread upcoming visits, who regularly makes disparaging comments about the other parent in the presence of a child, can destroy the relationship between the child and the other parent.
Fortunately, there are a number of remedies when a parent does not comply with court ordered parenting time. If it is an isolated or one time occurrence, parents may be able to informally agree to makeup up the time at a later date and try to abide with the order moving forward. If, after communicating, parents discover their current parenting time arrangement does not work due to a changes in one parent’s schedule, or if one parent feels like they are being left out of a child’s activities, they may decide that modifying the parenting agreement around a new schedule or agreeing to share calendars so that both parents can participate in events are workable solutions.
Contempt of Court for Not Following Child Custody Agreement
When parents cannot agree on a resolution, the parent who is being denied parenting time can file a civil contempt of court motion to prompt a hearing, where both sides can present evidence and leave it up to the court to set forth a remedy. Typically the offending parent will be expected to comply with the existing child custody order or face possibility of owing fines, time in jail, losing parenting time or other consequences to bring about the desired behavior.
Contact a Child Custody Lawyer for Help
When your ex-spouse or partner is interfering with your parenting time, it is important to contact an experienced child custody attorney for help. Contact Wisconsin child custody lawyer Jane Probst for immediate assistance at 262-210-3135.