Reviewed by the Marketing Team Last updated
Minnesota courts can enforce custody and parenting-time orders through remedies such as compensatory parenting time, reimbursement, attorney fees, and other relief when the legal requirements are met. A violation does not automatically result in jail or a custody transfer. The order’s terms, evidence, required findings, and any genuine safety concerns determine the appropriate response.
What part of the order is being violated?
Identify the exact provision before requesting relief. A missed exchange, refusal to share required information, unauthorized major decision, and disagreement over ambiguous wording are different problems. Parenting-time remedies do not necessarily resolve every legal-custody dispute.
Review the complete order, incorporated parenting plan, and later amendments. Record what the order required, what happened, and what practical relief would address the problem.
Under section 518.175, subdivision 6, parties must follow custody and parenting-time orders unless they make another agreement in writing within the statute’s terms. Preserve any written agreement and examine its scope. Do not treat an informal adjustment as an automatic permanent replacement of the order.
What evidence helps support an enforcement request?
Build a concise record tied to the provision you want enforced. Complete, dated records are more useful than broad statements that the other parent never cooperates.
- The current order and the specific paragraph at issue.
- A calendar showing scheduled and actual parenting time.
- Complete messages about the exchange or disputed obligation.
- Receipts for expenses caused by denied parenting time.
- Prior relevant court findings and enforcement orders.
- Lawfully obtained records supporting any safety concern.
Separate your observations from what someone else reported. Preserve original records and context. Do not alter screenshots, access private accounts without authorization, or ask the child to collect evidence against the other parent.
How do you ask the court to enforce the order?
The appropriate request depends on the problem and the relief sought. A parenting-time motion generally needs a clear statement of the facts, supporting material, proper service, and filing under the applicable procedures. Contempt and custody modification have additional requirements and should not be treated as interchangeable forms.
Check the court’s current instructions and existing dispute-resolution provisions. Ask for concrete relief, such as specified makeup time or reimbursement supported by receipts, instead of a general demand to punish the other parent.
A parenting-time expeditor may be appropriate for certain disputes under an existing order. Section 518.1751 addresses that process and its exceptions. It is not a substitute for every court remedy.
When can the court award compensatory parenting time?
Compensatory parenting time restores time a parent was deprived of under a qualifying order. Section 518.175, subdivision 6, addresses the findings and the relationship between makeup time and the child’s best interests.
When awarded, the additional time must be at least the same type and duration as the lost time, although the court has discretion to award more or a different type. It must be taken within one year after the deprivation and at a time acceptable to the parent who lost the time.
Propose workable dates and explain how they fit school, activities, transportation, and the child’s needs. Do not unilaterally keep the child beyond your ordered time as self-awarded compensation.
When are attorney fees, costs, or sanctions available?
For repeated and intentional denial or interference, subdivision 6 addresses reimbursement of resulting costs and reasonable attorney fees, with a finding about the responsible party’s means to pay. Keep receipts and explain how the expenses resulted from the interference.
The court may also impose a sanction of up to $500 payable to the other party, subject to the statutory requirements. Additional remedies can apply after a prior finding of repeated and intentional interference. These provisions do not mean every late pickup automatically produces fees or a monetary sanction.
Can the court require a bond for upcoming parenting time?
The statute permits a bond in specified circumstances involving denied parenting time and related expenses. The amount is tied to prepaid expenses for upcoming planned parenting time.
If travel is involved, retain reservations, cancellation terms, and proof of payment. Explain the connection between the requested protection and the planned visit rather than presenting an unsupported dollar amount.
Can interference lead to a change in custody?
It can be relevant, but custody does not automatically transfer after a set number of violations. Section 518.175 refers to the procedures in section 518.18. The court must address the applicable modification requirements and the evidence.
A request to enforce the current schedule and a request to change custody should be evaluated separately. Similarly, restricting parenting time requires the applicable legal findings; it is not merely a penalty chosen to express disapproval.
Does a violation automatically mean contempt or jail?
No. Unwarranted denial or interference may support contempt, but contempt requires the proper proceeding and findings. A parent’s accusation does not itself establish contempt or authorize confinement.
Review whether the order clearly required the disputed act, what happened, the reason given, and the relief being requested. A contempt notice deserves prompt attention, including the hearing date and any instructions about appearance or response.
What if parenting time was denied to protect the child?
Safety matters. Subdivision 6 provides an exception to specified remedies when the court makes written findings that interference was necessary to protect the child’s physical or emotional health.
That exception requires a factual and legal assessment; simply describing a disagreement as a safety issue does not resolve it. Preserve relevant information and seek timely court direction. For immediate danger, contact emergency services.
If parenting time itself creates a danger, section 518.175 also addresses hearings, supervision, restrictions, and consideration of protective orders. Follow all applicable no-contact provisions while seeking relief.
Should you call police over a missed exchange?
Immediate danger or a suspected crime is different from a routine dispute about schedule wording. Do not assume an officer can rewrite an order or resolve a contested interpretation at an exchange.
Section 518.175 permits a court to provide for an officer or another appropriate person to accompany a party seeking to enforce or comply with parenting time. Whether that relief exists in your case depends on the order and circumstances.
Keep a copy of the order available, avoid confrontation, and document the incident accurately. A report is evidence of what was reported and observed, not an automatic judicial finding that a parent violated the order.
What should you avoid during an enforcement dispute?
- Withholding support to retaliate for denied parenting time.
- Denying future visits to compensate yourself for a missed visit.
- Using the child to deliver accusations or demands.
- Contacting the other parent through a prohibited channel.
- Assuming a private invitation cancels a protective order.
- Ignoring your own filing, service, or hearing deadlines.
Focus the request on compliance, the child’s needs, and the remedy supported by the evidence. For choosing among dispute-resolution options, see our custody disagreement guide.
Frequently asked questions about enforcing Minnesota custody orders
Can I enforce a temporary parenting-time order?
Yes. The statutory definition includes qualifying temporary and permanent court orders. Review the order’s terms and the appropriate enforcement procedure.
Will the judge automatically award all my attorney fees?
No. The statutory requirements, including relevant findings and the responsible party’s ability to pay under the cited provision, matter. Document the request and its legal basis.
Can we agree in writing to a different exchange?
Section 518.175 recognizes written agreements, but review what the agreement actually changes and any other restrictions. A limited adjustment is not necessarily a permanent custody modification.
Should I request enforcement or a new schedule?
Enforcement seeks compliance with an existing obligation. A new schedule may require modification analysis. Sometimes both issues exist, but they should be identified and supported separately.
Prepare a focused enforcement request
Martine Law PLLC provides family-law services under the Martine Law brand. Request a consultation about an existing custody order, denied parenting time, or an enforcement notice. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Minnesota law, not legal advice for your particular situation.
For an overview of the law and how we help, see our Minnesota child custody and parenting time page.
