What Happens When One Parent Doesn't Follow the Parenting Plan?
Penny Robinson • November 10, 2020
Unless the other parent takes steps to enforce the parenting plan, nothing happens. But, if the other parent wants to enforce the parenting plan – what options are available?
A parenting plan is entered as part of a judgment and becomes an order of the court. Not following the parenting plan is a violation of a court order. When a parent violates the court order, there are a couple of different options.
The parent seeking compliance with the court order could file a Motion for Contempt
asking the court to enforce its order. The noncompliant parent could be subject to sanctions, including attorney’s fees and costs incurred by the parent who was required to file a motion to enforce the order. This option is available for violations of both financial and custody/visitation provisions of the parenting plan. For example, if one parent refuses to pay college costs for an unemancipated minor.
If custody or visitation is denied or interfered with by a parent without good cause, then the other parent may file a Motion for Family Access Order
with the court. A family access motion does not require legal counsel in order to prepare it or file it with the court. Court clerks will provide an explanation for the procedures for filing a family access motion as well as a form to use in filing the motion. The specifics of the violation of the parenting plan must be stated in the family access motion. The noncompliant parent will be served with the motion and a summons to appear in court. There will be a hearing at which the court will determine whether there has been a violation of the order for custody or visitation without good cause.
Pursuant to either a family access motion or motion for contempt, upon a finding by the court that its order for custody or visitation has not been complied with, without good cause, the court shall order a remedy, which may include, but is not limited to the following:
- Compensatory or make-up time.
- Participation by the parent violating the parenting plan in counseling to educate him/her about the importance of providing the child with a continuing and meaningful relationship with both parents.
- Assessment of a fine up to $500 dollars against the noncompliant parent payable to the other parent.
- Requiring the noncompliant parent to post bond or security to ensure future compliance with the court’s access orders.
- Requiring the noncompliant parent to pay the other parent’s attorney’s fees.
- Ordering the noncompliant parent to pay the cost of counseling to reestablish the parent-child relationship between the child and the other parent.
A person who chooses not to follow the parenting plan is choosing to violate a court order. Courts do not look favorably on violations of their orders without good cause. When a parent no longer follows the parenting plan without good cause, there are remedies available to the other parent, but the parent seeking compliance must take steps to get them.
If you are interested in learning more about how to enforce a court order, please contact the firm today to schedule a time to talk to one of our experienced attorneys.
We are proud to share that The Center for Family Law has once again been recognized as a Tier 1 law firm in St. Louis in the practice areas of Family Law and Family Law--Mediation. Firms named to the 2026 “Best Law Firms” list by U.S. News & World Report and Best Lawyers® are honored for their professional excellence, earning consistently strong ratings from clients and peers. A tiered ranking reflects a unique combination of quality legal practice and breadth of expertise. The 2026 “Best Law Firms” rankings, released this month, are based on client feedback, peer evaluations from leading attorneys, and additional information submitted by participating law firms as part of a comprehensive review process. About The Center for Family Law Since 2013, The Center for Family Law has provided progressive, client-centered family law services with compassion and dedication. Our attorneys are committed to advancing the practice of family law and adapting to its ever-evolving landscape. We partner with each client to address their unique needs and goals, helping families navigate challenging transitions with respect and care.
We are proud to share that our attorneys’ dedication and exceptional work for clients have been recognized by peers. This year, four attorneys from The Center for Family Law are honored in the 2026 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America . Ann Bauer - Best Lawyers list for family law, family law mediation, collaborative law--family law. In addition, Ann was named as "Lawyer of the Year" for her work in collaborative law. This is Ann's 12th consecutive year being recognized. Allison Gerli - Best Lawyers list for family law, family law mediation, collaborative law--family law. This is Allison's third consecutive year being recognized. Kristen Sparks - Best Lawyers "Ones to Watch" list for family law, family law--arbitration & mediation, and alternative dispute resolution. Hallie Van Duren - Best Lawyers list for family law, family law mediation, collaborative law--family law. This is Hallie's second year being recognized. About Best Lawyers Since 1983, Best Lawyers has been recognized as one of the most respected guides to legal excellence. Attorneys selected for The Best Lawyers in America are nominated and evaluated by their peers based on professional expertise and undergo a rigorous verification process to ensure they are in current practice and in good standing. About The Center for Family Law Founded in 2013, The Center for Family Law provides comprehensive representation in all areas of family law, with a culture built on partnership with our clients and other professionals. We believe the role of a lawyer is to partner with clients, help them understand their options, and give them the information and confidence they need to make well-informed decisions. To schedule a consultation, click here .
The Center for Family Law is proud to announce that Ann Bauer has once again been named the “Lawyer of the Year” in Collaborative Family Law in St. Louis by Best Lawyers for 2026. Each year, this designation is awarded to only one attorney in each practice area and region, based on outstanding peer feedback—making it a truly exceptional distinction. This marks Ann’s third year being recognized as "Lawyer of the Year" for her work in collaborative divorce, and her 12th year being recognized by Best Lawyers. For 2026, she is listed for her work in family law, family law mediation, and collaborative law. Ann is an active member of the St. Louis Collaborative Family Law Association and is deeply committed to the collaborative divorce process, valuing the positive and lasting impact it has on her clients and their families. About the Collaborative Divorce Process Collaborative divorce is a respectful legal process that enables couples to resolve all aspects of their divorce—such as property division, child custody, child support, and spousal support—without litigation. Using a team-based approach, which includes attorneys for each spouse, a financial neutral, and a mental health professional, couples work together through negotiation and mediation to reach agreements without the stress and conflict of court. Learn more on the St. Louis Collaborative Family Law Association website by clicking here . About Best Lawyers Since 1983, Best Lawyers has been recognized as one of the most respected guides to legal excellence. Attorneys selected for The Best Lawyers in America are nominated and evaluated by their peers based on professional expertise and undergo a rigorous verification process to ensure they are in current practice and in good standing. About The Center for Family Law Founded in 2013, The Center for Family Law provides comprehensive representation in all areas of family law, with a culture built on partnership with our clients and other professionals. We believe the role of a lawyer is to partner with clients, help them understand their options, and give them the information and confidence they need to make well-informed decisions. To schedule a consultation, click here .