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How do courts address time-sharing noncompliance?

On Behalf of | Apr 16, 2024 | Child Custody, Family Law |

Time-sharing is a vital part of the divorce process, which can be straightforward or complex, depending on the family’s situation. The schedule is usually part of the divorcing couple’s parenting plan, which the court approves before implementation. For some, it can be easy to comply. But for others, it can be difficult, considering other challenges that generally come with post-divorce life.

One or two incidents of noncompliance does not require the court’s response, mainly if the parent has valid reasons for their conduct. However, when the violations become habitual or repetitive, they can become legal issues, requiring the court’s intervention. There are various ways to penalize parents who violate or refuse to follow the time-sharing arrangement, including the following:

  • The court can calculate the amount of time the parent missed, ordering them to compensate appropriately.
  • The court can order the noncompliant parent to pay fines and other costs related to the incident.
  • The judge may require the noncompliant parent to fulfill obligations related to the violation, such as completing a parenting course or doing community service.
  • If the compliant parent requests it, the judge can modify the parenting plan based on the child’s best interests.

Other sanctions may also apply, depending on what the judge considers most appropriate to address the violation.

Understanding time-sharing arrangements fully

Families often face many adjustments when transitioning to life after divorce, including following their new setup. During and after finalizing the process, parents should fully understand what time-sharing means and its effects on how they fulfill their parental responsibilities.

When in doubt, please contact attorney Lesley Turmelle Abbott for legal counsel to clarify confusing information and other details in the parenting plan. Doing so can help maintain compliance, address issues and determine if modifications are necessary.