Parental Dispute Over Summer Visitation Arrangements: Next Steps Explained
In the complex world of co-parenting after a divorce, ensuring fair and consistent parenting time is crucial. Here's a guide on how to enforce a parenting time schedule in California.
When a parent repeatedly fails to adhere to the parenting time schedule, the other parent can take legal action. The primary remedy in such cases is filing a Motion for Contempt of Court against the non-compliant parent. This action may result in fines, mandatory parenting classes, or even jail time.
To strengthen your case in court, it's essential to document each violation meticulously. This documentation should include dates, times, and details of every communication with your co-parent regarding missed parenting time.
The court may also order mediation or counseling to improve communication and cooperation between the parents. The goal is to reduce conflict and improve compliance, ensuring the child's best interests are met.
If violations persist or there is a pattern of non-cooperation or instability, the court may consider modifying the custody and parenting time arrangement. This modification is aimed at better serving the child’s interests.
In extreme cases where a child is unlawfully withheld, law enforcement can be involved to ensure the child's safe return.
When faced with these challenges, a parent can file a Request for Order (Form FL-300) to ask the court to enforce the existing parenting plan and seek remedies such as makeup visitation time.
California courts prioritize the child’s best interests and expect parents to comply with orders and act cooperatively. Noncompliance can lead to penalties and changes in custody arrangements, especially if there is a pattern of refusal to co-parent.
Special considerations apply if domestic violence is involved, potentially restricting custody or visitation rights under Family Code Section 3044.
After addressing the issue, it's advisable to work with a child custody attorney to modify the custody order for easier enforcement in the future.
Summer, a time for relaxation, family memories, and flexible schedules, can be affected by such issues. However, seeking the help of experienced child custody attorneys like those at The Ewaniszyk Law Firm can help protect your rights and ensure a fair and enjoyable summer for you and your child.
If your summer has been cut short by an unfair split of parenting time, you can call their child custody attorneys at 760-245-7310 to set up a consultation. Reach out to The Ewaniszyk Law Firm for further consultation on your case.
[1] California Courts. (n.d.). Enforcing a Court Order for Custody or Visitation. Retrieved from https://www.courts.ca.gov/1084.htm [2] California Courts. (n.d.). Modifying a Custody or Visitation Order. Retrieved from https://www.courts.ca.gov/1085.htm [3] California Courts. (n.d.). Domestic Violence and Custody or Visitation Orders. Retrieved from https://www.courts.ca.gov/1087.htm [4] California Family Code Section 3044. Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3044 [5] California Judicial Council. (n.d.). Form FL-300 - Request for Order. Retrieved from https://www.courts.ca.gov/documents/fl300.pdf
