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Minnesota remedies for parenting-time interference can include compensatory time, reimbursement, attorney fees, sanctions, and other relief, but each depends on the statutory requirements and court findings. A missed exchange does not automatically produce every remedy. The existing order, evidence, explanations, and any child-health concern must be examined.
This guide focuses on the remedies in Minnesota Statutes section 518.175, subdivision 6. For organizing evidence and selecting a filing, see our parenting-plan enforcement guide.
What must be established before a remedy is ordered?
Identify the ordered parenting time, the period allegedly made unavailable, what each parent did, and the explanation offered. A written agreement changing a particular period may matter. So may a finding that interference was necessary to protect the child’s health.
A late exchange, a disputed interpretation, and repeated deliberate denial are not necessarily the same situation. Request relief based on specific facts rather than applying a general label of interference to every disagreement.
Compensatory parenting time: what does the statute provide?
Subdivision 6(c) requires full consideration of compensatory time when a parent intentionally makes a substantial amount of ordered time unavailable, unless compensation would be inconsistent with the child’s best interests. The court must consider relevant evidence.
Under paragraph (d), a finding that a parent was deprived of court-ordered parenting time requires an order for compensatory time, subject to paragraph (g)’s health-protection exception. When awarded, the additional time must be at least the same type and duration, may be greater or different at the court’s discretion, must be taken within one year, and must be at a time acceptable to the deprived parent. Paragraph (g)’s health-protection findings affect specified requirements.
Bring the missed dates and a workable proposal. Consider school, travel, activities, and the type of time missed. Do not assume a court will simply add an identical block without reviewing the statutory conditions.
Attorney fees and costs: what findings matter?
Under paragraph (e), repeated and intentional denial or interference triggers reimbursement of resulting costs and reasonable attorney fees when the court also finds that the party asked to pay has the means to do so.
Preserve receipts, invoices, and an explanation connecting the costs to the denied time. Avoid stating that any intentional violation automatically requires payment of every expense. The pattern, intent, amount, and ability-to-pay finding matter under this provision.
What monetary sanction can the court impose?
Paragraph (e) permits a sanction of up to $500 payable to the other party under its conditions. This is a specific statutory remedy, not an unlimited fine automatically imposed for each disputed visit.
Paragraph (f) addresses repeated and intentional interference after a prior finding of repeated and intentional interference, requiring one or more specified remedies. The court’s prior findings therefore matter; bring the earlier orders rather than relying on a general statement that the issue has happened before.
Can the court require a bond for future expenses?
Paragraph (h) permits a bond in favor of a parent who was denied time and incurred related expenses, in the amount of prepaid expenses associated with upcoming planned parenting time.
This is more specific than a general security deposit for all possible noncompliance. Document the denied period, resulting expenses, and prepaid upcoming arrangements relevant to the request.
Does interference automatically change custody?
No. Paragraph (e) refers to custody relief in accordance with the procedures under section 518.18. Custody and primary-residence modifications have their own requirements.
A request for a different schedule may also require analysis under the parenting-time modification provisions. Read our modification standards guide before treating an enforcement dispute as a shortcut to a custody change.
When might contempt be considered?
Subdivision 6(i) states that proof of unwarranted denial or interference may constitute contempt. Whether contempt is appropriate requires its own legal and procedural analysis; it is not an automatic consequence of a complaint.
Do not assume jail is inevitable, that all other remedies must always be exhausted first, or that ordinary parenting-time assistance papers necessarily request the same relief as a properly supported contempt proceeding. Review the appropriate process with counsel.
How does the child-health exception work?
Paragraph (g) allows the court not to apply paragraphs (d) through (f) when it makes written findings that the denial or interference was necessary to protect a child’s physical or emotional health.
This requires attention to the evidence and findings. It is not a blanket permission to disregard orders whenever a concern is asserted. Conversely, it should not be omitted from an explanation of enforcement consequences.
If there is immediate danger, seek emergency help and urgent legal advice. Our parenting-time denial guide explains safety and court-order considerations.
What should you prepare for a remedies discussion?
- The current order and the specific provisions at issue.
- A chronological list of missed or disputed periods.
- Relevant communications and any written changes agreed by the parents.
- Prior enforcement orders and findings.
- Expense records and a proposed compensatory schedule.
- Information supporting or responding to any health-protection explanation.
The Minnesota Judicial Branch’s forms provide a starting point for parenting-time assistance. Review the instructions and the relief each form addresses.
Frequently asked questions about interference remedies
Is make-up time always exactly equal to the missed time?
No. The statute specifies minimum type and duration while allowing discretion for greater or different time, subject to the applicable provisions and findings.
Can I stop paying support until parenting time resumes?
Do not respond by disregarding a support order. Seek the appropriate parenting-time remedy and address any support issue through its own process.
Must I communicate directly to collect ordered reimbursement?
Subdivision 6(l) states that a costs-or-fees reimbursement order does not require direct contact with the other party. Review safe, authorized payment arrangements and any contact restrictions.
Is every parenting-time dispute a criminal case?
No. Family-court remedies and criminal allegations are distinct. Do not assume a disputed schedule establishes a crime. Obtain case-specific advice if law enforcement or a criminal order is involved.
Match the requested remedy to the evidence
Martine Law PLLC provides family-law services under the Martine Law brand. Request a consultation to review the order, alleged interference, and potential relief. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason.
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This page provides general information about Minnesota law, not legal advice for your particular case.
For an overview of the law and how we help, see our Minnesota child custody and parenting time page.
