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.
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.
We are proud to share that Ann Bauer will be honored at the 27th Annual Women's Justice Awards on April 10, 2025, as one of this year's recipients in the "Mentor" category. This award celebrates experienced legal professionals who have played an important role in guiding and supporting the next generation of attorneys. Ann’s journey in family law began with co-founding her first firm in 2009, eventually leading to the establishment of The Center for Family Law in 2013. What began as a small practice has grown into a dynamic firm with a team of attorneys and staff dedicated exclusively to family law. Ann has been the heart of this growth—leading with purpose, mentoring with compassion, and consistently advocating for positive change. Ann's unwavering commitment to transforming how families navigate legal separation has helped shift the focus from adversarial litigation to a more compassionate approach to resolution, especially within the collaborative divorce process and in mediation. Her philosophy and approach to family law continue to influence and guide a new generation of legal professionals and practitioners she has mentored throughout her career. Whether she's mentoring within the firm or taking the time to speak with a law student, Ann is always generous with her time, wisdom, and support. She also shares her expertise through active service on numerous committees dedicated to family law and domestic violence. Please join us in congratulating Ann on this well-deserved honor. We are grateful for her vision and proud to continue building on the foundation she helped establish at The Center for Family Law.
The Center for Family Law is excited to announce the start of its fourth year hosting the Second Saturday Divorce Workshops, providing valuable support and guidance to individuals navigating the divorce process.