Interfering With A Time-Sharing Court Order
Despite a court order outlining the time sharing agreement between parents, some parents still try to interfere with the other parent’s time, even if they claim the interference is unintentional. When a court orders certain times and durations for a parent to have with his or her children, one parent cannot unilaterally alter the terms of that agreement whenever it suits him or her.
Parents can interfere with another parent’s time by outright refusing to honor the terms of the parenting agreement and court order. In these cases, some parents can use unpaid child support as the reason for such a refusal. However, a failure to pay child support is not a legal basis for interfering with a legal order allowing for parental time with children.
Other parents may interfere with the other parent’s time with the children by scheduling other activities for the child during the visitation times. What parents need to remember is that unless the order requires it, the parents are not required to take a child to an activity scheduled during his time. If the child really wants to attend a party or go to practice, it may be something the parent may want to discuss with the child before saying no to the activity.
A parent can also interfere with parenting time by alienating to the children to the point where they do not want to spend time with the other parent. Parental alienation should be addressed as soon as possible because it can damage the relationship between parent and child beyond repair.
When a parent refuses to follow the time sharing schedule, the other parent can ask a court to enforce the court order, in addition to granting the parent who was denied time with the child extra time to make up the missed visitation. The amount of time to be allowed as make up time is dependent on the child’s best interests.
The court can also order the violating parent to do community service, attend a parenting course, and any other sanction that the court feels is necessary to ensure that the parent does not continue to keep the other parent away from their child. The violating parent may even be ordered to pay the legal fees the other parent incurs trying to enforce the court order.
If a time sharing schedule is no longer working for one or both parents, the parents can try to have a conversation about it and come to a new agreement that works for everyone including the children. This would be the better way to approach the situation. However, if the couple cannot bring themselves to cooperate, then it is best to seek a modification through the court.
Contact Us For Legal Assistance
If you are having problems with your former spouse interfering with your court ordered time with your children, you can petition the court to adjust the terms of the time sharing order. If you were seeking more time, this may be the best time to show that the custodial parent’s actions are interfering with your relationship with your child, and is not in your child’s best interest. For more information, contact our experienced child custody lawyers at the Law Offices of Schwartz | White in Boca Raton, Florida.