Co-parenting after a divorce or custody ruling is challenging enough when both parents cooperate. But when one parent refuses to follow the court-approved parenting plan, it can create conflict, confusion, and emotional distress—especially for the child.
Fortunately, Minnesota law provides clear legal remedies when parenting time is violated. At Martine Law, we help parents protect their parenting rights and take action against violations. In this guide, we’ll explain what your legal options are and how to enforce a parenting plan in Minnesota.
What Is a Parenting Plan?
In Minnesota, a parenting plan (also called a custody and parenting time agreement) outlines:
- Where the child lives
- How decisions are made
- When the child spends time with each parent
The court may approve a parenting plan that both parents agree on, or it may issue one after a trial. Once approved, it becomes a binding court order. That means both parents are legally required to follow it.
Common Parenting Plan Violations
Violations of parenting plans can take many forms, such as:
- A parent refuses to return the child after scheduled parenting time
- A parent repeatedly shows up late or cancels visits
- A parent moves out of state without permission
- One parent blocks communication with the child
- The custodial parent denies visitation out of personal conflict
These actions not only violate court orders—they can also cause emotional harm to the child and damage the co-parenting relationship.
Step 1: Document the Violation
Before heading to court, gather solid evidence that shows how the parenting plan is being violated. Useful documentation includes:
- Text messages, emails, or call logs
- Missed exchange logs (with dates and times)
- Witness testimony (from daycare providers, teachers, etc.)
- Police reports (if custody interference occurs)
Keep a written record of each incident. This can be critical if the issue escalates and enforcement is needed.
Step 2: Try Communication First
Sometimes, misunderstandings or scheduling issues can be resolved through respectful communication. If you feel safe doing so, try to talk or email the other parent to:
- Clarify the terms of the parenting plan
- Request compliance
- Set expectations going forward
If tensions are high, you can also try mediation, which is often required before court action. Minnesota courts encourage parents to use mediation or parenting consultants to settle disputes when possible.
Learn more about court-approved parenting time resources at Minnesota Judicial Branch – Parenting Time Assistance.
Step 3: File a Motion to Enforce Parenting Time
If the other parent continues to violate the parenting plan, the next step is to file a Motion to Enforce Parenting Time. This legal action asks the court to:
- Confirm the parenting plan is being violated
- Order the other parent to comply
- Provide makeup parenting time
- Impose penalties if necessary
To begin the process, you’ll need to:
- File a motion with the family court
- Include your documentation of the violations
- Serve the other parent with notice of the hearing
The Minnesota Judicial Branch provides the necessary forms for enforcing parenting time.
What Can the Court Do?
If the judge finds that the parenting plan was willfully violated, the court can:
- Order makeup parenting time (equal to the missed time)
- Award attorney’s fees and court costs to the parent seeking enforcement
- Modify the parenting schedule to prevent future issues
- Place the violating parent in contempt of court, which could mean fines, probation, or even jail
If the court believes the child’s wellbeing is at risk, it may also review the existing custody arrangement and make changes to better protect the child’s best interests.
When Contempt of Court Applies
Contempt of court is a serious remedy the court can use when a parent blatantly disregards court orders. You may file a motion for contempt if the other parent continues to:
- Deny access without cause
- Interfere with exchanges
- Ignore court-mandated communication rules
If found in contempt, the violating parent can face:
- Fines
- Jail time (in extreme cases)
- A formal warning from the judge
However, the court generally gives the violating parent a chance to fix their behavior before enforcing harsher penalties.
Can Parenting Time Be Modified?
Yes. If repeated violations make it clear that the current plan is no longer working, you may ask the court to modify the parenting plan. This can include:
- Changing the parenting schedule
- Adding communication tools (like parenting apps)
- Setting clear boundaries for transportation and exchanges
The court will only approve changes if it determines they are in the child’s best interest.
Learn more at LawHelpMN – Changing Custody and Parenting Time.
When a Parent Moves Away or Relocates
If a parent relocates with the child without court approval, it may be considered custodial interference, especially if the move limits your ability to see the child.
Minnesota law requires a parent to get either:
- Written agreement from the other parent, or
- Approval from the court
If you’re dealing with relocation issues, contact an attorney immediately. Courts take unauthorized moves seriously and may award custody to the non-relocating parent.
How Martine Law Can Help
At Martine Law, we’ve helped many parents enforce parenting plans and restore balance to their family life. We will:
- Review your current custody and parenting plan
- Gather and present evidence of violations
- File motions for enforcement or contempt
- Represent you in court
- Help you seek parenting time adjustments, if necessary
You don’t have to accept non-compliance—there are legal tools available, and we know how to use them. Reach out to us today for support.