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: 
  1. Compensatory or make-up time.
  2. 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. 
  3. Assessment of a fine up to $500 dollars against the noncompliant parent payable to the other parent.
  4. Requiring the noncompliant parent to post bond or security to ensure future compliance with the court’s access orders.
  5. Requiring the noncompliant parent to pay the other parent’s attorney’s fees.
  6. 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.

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The Center for Family Law celebrates Courtney Green's recognition at the 2026 Missouri Lawyers Media Women’s Justice Awards in the Mentor category, recognizing her outstanding contributions to the legal profession and her commitment to the development of attorneys starting their careers. The 28th annual Women’s Justice Awards on April 16, 2026 celebrated women across Missouri who exemplify leadership, integrity, service, and excellence in advancing the quality of justice. Honorees are selected from diverse sectors of the legal community, including private practice, the judiciary, public service, academia, and nonprofit leadership. The Mentor Award is presented to experienced legal professionals who have played a meaningful role in shaping the careers of emerging attorneys. Throughout Courtney's career, which she has spent with The Center for Family Law, she has demonstrated a deep dedication to mentorship, offering guidance, encouragement, and opportunities to those entering the profession, both in and out of the firm. Courtney has been devoted to fostering professional growth and helping cultivate the confidence and skills of future leaders in the law. Please join us in congratulating Courtney on this well-deserved recognition. We are honored to have her as part of our firm and grateful for the example she sets within our profession and community.
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We are thrilled to announce that four of our attorneys have been recognized in the 2025 Super Lawyers® and Rising Stars lists! This distinction honors outstanding legal professionals across the nation who demonstrate excellence in their field, and we are proud to celebrate the exceptional achievements of our team. Celebrating Our Super Lawyer Ann Bauer has once again been recognized as a Super Lawyer in Missouri & Kansas, marking her 19th consecutive year on the list. Ann’s dedication, skill, and commitment to her clients have earned her additional prestigious honors: Top 50: Women Missouri & Kansas Super Lawyers – 11th year Top 50: St. Louis Super Lawyers – 7th year Ann’s recognition is a testament to her decades of experience and unwavering commitment to families and individuals navigating complex legal matters. Rising Stars of 2025 We are also proud to celebrate our three attorneys named Rising Stars this year: Allison Gerli – 8th year Kristen Sparks – 7th year Hallie Van Duren – 5th year The Rising Stars designation recognizes outstanding attorneys who are making a significant impact in their field earlier in their careers. What This Recognition Means The Super Lawyers and Rising Stars lists are highly selective, recognizing only a small percentage of attorneys in each state based on peer nominations, professional achievement, and other rigorous criteria. Being named to these lists reflects the consistent excellence, skill, and dedication our attorneys bring to every case.  We are proud to have a team of legal professionals who combine experience, empathy, and expertise to serve our clients. Congratulations to Ann, Allison, Kristen, and Hallie for this well-deserved recognition!