Breaking: Parenting Plan Not Being Followed!


Breaking: Parenting Plan Not Being Followed!

Document the details.

Document the details of each incident completely with as many details as possible.  

Each time there is missed residential time with the parenting plan, it’s important to document the details. Document the dates, times and alleged reason for any time missed and any costs incurred for missing the time.  Keep your receipts and put them in a safe place. If there’s ever a problem, you’ll have the documentation to back up your claim.

It’s also a good idea to keep a separate calendar for your parenting plan or use an app like Our Family Wizard. That way, you can keep track of when things happen and any issues that ensue. This will help you stay organized and on top of your case. Make sure to keep a separate calendar for this purpose. 

An example of a contempt situation may be when John (not his real name) purchases a ticket for his child to fly for Winter Break and the child does not get on the plane – keep those receipts. 

Pattern of Problems.

Is this part of pattern of conduct of the other party?  This may be the same type of conduct repeatedly, denying holiday residential time for example. This behavior may either be repeated same type of incidents or a combination of different type of incidents.  

Keep documenting as above.  Depending on the level of conduct you may consider mediation, motion to enforce the order or a motion for contempt of the order. Any of these options maybe warranted. 

Contempt actions do not require mediation before filing unlike a modification action. This may also be a good time to seek legal advice and determine which avenue suits you best. 

Focus on the Facts.

As difficult as the situation may be – focus just on facts. 

If you want to know how a person will behave in a certain situation, look at their past behavior. This adage rings especially true in the legal system, where previous actions and patterns of behavior are often used as evidence in court – we extensively discussed this previously. What is less commonly spoken about, however, is the importance of keeping your emotions separate from your court calendar.

Journal your emotions in a separate place – not your court calendar.

People are not at their best at a breakup and you will have legitimate misunderstandings. 

It can be difficult to do, especially when you are feeling overwhelmed by stress or anxiety. However, it is essential that you keep your emotions out of your legal proceedings, as they can cloud your judgement and potentially lead to an unfavorable outcome. The best way to achieve this is to journal your thoughts and feelings in a separate place – not on your court calendar.

This may seem like an impossible task, but with practice it can be done.

It can be said there are two types of people in this world: those who agree with the saying “rules are meant to be broken” and those who don’t. This blog is not about the difference in rules between the houses. You do not agree on things;  And it is these differences are probably part of the reason you separated.

In one house, behavior is tightly regulated by a set of specific rules. In the other house, anything goes – unless it breaks a law.  If it is not dangerous, you will need to let difference of opinion go.  

If you find yourself miss parenting time, contact for help as soon as possible.

There are many resources available to assist you in this difficult situation. Getting help early can minimize the negative impact on your child and your relationship. Remember, it’s never too late to get started on the right path.If you need further help, call for a consultation.  THIS ARTICLE IS NOT LEGAL ADVICE AND SHOULD BE CONSTRUED GENERAL INFORMATION.

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