What Happens if a Parenting Time Order isn’t Followed?
When a parenting time order is issued, parents are expected to follow the order. While there are some exceptions to this, failing to follow a parenting time order is considered serious business. Legal action can occur if a parent doesn’t follow the parenting time orders.
What are the exceptions to having to follow a parenting time order?
There is a variety of reasons why a parent could legally deny another parent parenting time. For example, if a parent has a valid reason to believe that the child will be harmed if parenting time is allowed, parenting time can be denied. If the parent who is supposed to get the child is drunk or otherwise impaired, parenting time can be denied. Failure to pay child support payments isn’t a valid reason for a parent to deny the other parent parenting time.
What can the court do when parenting time is denied?
There are several options the court has when parenting time is denied. The court can fine the parent who denied the parenting time or require that parent to pay the other parent. The court can set up a new schedule for the parent to make up time with the child. The court can order that the parent who denied parenting time pay for any expenses incurred because of the denial. The court can also order counselling or dispute resolution to solve the issues that led to parenting time denial.
What if a parent refuses to participate in parenting time?
The court can take action in that case since it is a hardship on the child when a parent doesn’t show up for parenting time. In some cases, counselling might be ordered for the parents, the child or all parties. The parent who didn’t show up for parenting time might have to pay for childcare, lost wages and travel expenses the other parent incurred because of the missed parenting time.
Parents have a duty to care for their children. If you are having issues with parenting time orders, explore what options you have to correct those issues so that you can get the situation resolved.
Source: Justice BC, “What can I do if the other parent doesn’t follow the agreement or order about parenting time or contact?,” accessed July 09, 2015