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 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 .
The Center for Family Law is pleased to announce that Robert Boedeker has joined the firm as of July 2025 as an attorney of counsel. Robert is a 2011 graduate of St. Louis University School of Law. For the past ten years, he has worked at Legal Services of Eastern Missouri, Inc. in the Lasting Solutions Family Law Program, which he co-managed since 2017. At The Center for Family Law, Robert will continue to practice law on family matters and order of protection cases in St. Louis County, St. Louis City, St. Charles County and Jefferson County. Additionally, he is a certified family law Guardian ad Litem and Mediator, and is looking to resume those areas of practice. “Joining The Center for Family Law allows me to dedicate myself again to just representing clients,” said Robert. “At Legal Services, I was dividing my time between clients and my management duties. I am excited to get back to mediating and representing children’s best interests; at Legal Services, often mediation was inappropriate for clients because of the serious domestic violence they were escaping.” He continued, “I loved my time at Legal Services and the clients and colleagues I worked with. But I am now looking forward to focusing just on the courtroom and mediation work. The attorneys at The Center for Family Law have the same passion for serving clients and a wealth of experience that I am grateful to be able to bring to my cases.” “Working in family law is meaningful and can be life-changing for our clients,” said Robert, “and I am glad to join a firm with the right balance of prioritizing conflict-resolution and defending their clients’ interests when needed.” The Center for Family Law welcomes Robert to the team, knowing his experience and personality make him a good fit to continue the firm’s tradition of collaboration and finding solutions for people in need.