Sharing custody means adopting a specific parenting schedule. The parents either meet regularly at a pre-designated location to exchange custody or drop the children off at one another’s houses. A custody schedule should be predictable, as parents need to follow the terms that were approved by the courts.
While minor adjustments are sometimes necessary due to overtime at work or unexpected illness, both parents should strive to follow the breakdown of parenting time to the best of their abilities. Occasionally, one parent finds themselves losing time with their children because the other does not adhere to the current custody order. One parent may try to cancel or shorten the other’s parenting sessions.
How can parents address a co-parent’s attempt to reduce their time with the children?
Keep clear records
A single canceled parenting session or a late arrival by one parent does not warrant taking the matter back to court. A parent feeling frustrated by limited time with their children may need to keep records in a journal or through written communication and a parenting app tracking every lost opportunity to spend time with their children.
They can also follow a canceled or shortened session with a request for makeup parenting time. If the other parent is flexible and agrees to grant that extra time later, that can be the end of the issue. If they refuse and persist in canceling sessions, then additional action may be necessary.
Ask the courts for enforcement
Family law judges do not take kindly to parents who try to alienate the other adult in the family from the children. When there is a clear pattern of inappropriate interference with the custody schedule, a judge can take actions to enforce the custody order.
Judges can declare a parent in contempt of court in more egregious cases. They can also order makeup parenting time despite the objections of the other parent. In some cases where there have been repeat issues with non-compliance, a judge might even modify the custody order.
They may view the refusal to follow the order as a sign that one parent cannot put the best interests of the children first. Ideally, divorced or separated parents should work together for the benefit of their children. When they cannot, one parent may need to assert their rights.
Recognizing when child custody disputes may constitute a violation of the custody order can help parents assert themselves to protect their relationships with their children. Repeat custody cancellations can be a sign that going back to court might be necessary.
