What happens when one party fails to comply with family law orders relating to parenting issues? Violation of an agreed-upon parenting plan or court-given parenting orders can have some consequences for all involved, including the child or children. Here's what family law attorneys may advise you to do if there is such a violation.

Try Mediation

As with other family law matters, you should give mediation a chance to resolve your parenting orders or plans dispute. Involve the family law attorney acting for both parties, and go in with a positive mindset that seeks to do what is right for the children.

It may surprise you to find out that the violations are anything but malicious or deliberate. It may be the other parent and your child got so caught up doing something that they miss returning the child on time. Other circumstances, such as heavy traffic, could also play into failing to make it back on time.

Mediation is the way to go for an amicable resolution of the matter. Both parties can make a re-commitment, in the presence of the mediator and family law attorneys, to honor the terms of the parenting plan or orders. It is a win-win, as everyone walks away on friendly terms.

Going to Court

If the other parent continues to grossly violate your parenting plan or orders after mediation, you have every right to take the matter before a family law judge. For serious violations such as the other parent trying to flee the country or moving away to another state with the children, you should go straight to court and skip the mediation process.

A family law attorney will advise you to gather and keep evidence of the violations. Going forward, your lawyer can help you with lodging a contravention application with the courts, and providing competent legal representation during the proceedings.

Based on the specifics of the case of your violation, the courts may provide direction on order enforcement, such as ruling to have the child spend some make-up time with a parent and making permanent modifications to the parenting orders. Family law judges may also give a ruling to enforce punishments or penalties, the most severe of which is a bit of jail time. The other parent may also be asked to pay for the legal fees of your family law attorney who represented you in the matter.

It is the responsibility of all parties involved to fully comply with and follow the parenting plan or parenting orders. Violation of the same has consequences, and a family law attorney will guide you on how to go about it.