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Under Minn. Stat. § 518.175, subd. 6(a), each party must follow a court’s order for custody and parenting time unless the parties have made another agreement in writing as defined by section 645.44, subdivision 14.
What your Minnesota custody order already tells you
Under Minn. Stat. § 518.68, subd. 2, notice 2, every Minnesota custody order must notify parties that a person may be charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the child’s parent (or person with custodial or visitation rights), according to Minnesota Statutes, section 609.26.
The required notice in every Minnesota custody and parenting time order states: ‘Deprivation of parental rights is a FELONY crime pursuant to Minnesota Statutes, section 609.375.’
Under Minn. Stat. § 518.68, subd. 2, notice 3, every Minnesota custody order must notify parties that a person who fails to pay court-ordered child support or maintenance may be charged with a crime, which may include misdemeanor, gross misdemeanor, or felony charges, according to Minnesota Statutes, section 609.375.
Under Minn. Stat. § 518.68, subd. 2, notice 14, remedies and penalties for the wrongful denial of parenting time are available under Minnesota Statutes, section 518.175, subdivision 6, and include compensatory parenting time, civil penalties, bond requirements, contempt, and reversal of custody.
When parenting time is denied or blocked
Compensatory parenting time:
Under Minn. Stat. § 518.175, subd. 6(c), the court shall fully consider providing compensatory parenting time when a parent has intentionally made a substantial amount of court-ordered parenting time unavailable to the other parent, unless providing the compensatory parenting time is not consistent with the child’s best interests.
If the court finds that a party has repeatedly and intentionally denied or interfered with court-ordered parenting time, the court must, in addition to awarding compensatory parenting time, require the party to reimburse the other party for costs incurred as a result of the denial or interference with court-ordered parenting time and award reasonable attorney fees to the other party, provided that the court finds that the party from whom fees, costs, and disbursements are sought has the means to pay them.
Financial sanction:
The court may impose a sanction of up to $500 against the party who denied or interfered with parenting time, payable to the other party, under Minn. Stat. § 518.175, subd. 6(e)(1).
Source: Minn. Stat. § 518.175, subd. 6
Repeated violations
Under Minn. Stat. § 518.175, subd. 6(f), the court shall provide one or more of the remedies available in paragraph (e), clauses (1) and (2), a sanction of up to $500 or modification of custody, if the court finds that a party has repeatedly and intentionally denied or interfered with court-ordered parenting time after a previous finding that the party repeatedly and intentionally denied or interfered with court-ordered parenting time.
Source: Minn. Stat. § 518.175, subd. 6(f)
Safety exception
Under Minn. Stat. § 518.175, subd. 6(g), if the court makes written findings that any denial of or interference with court-ordered parenting time was necessary to protect a child’s physical or emotional health, the court is not required to award compensatory parenting time or the mandatory remedies under paragraphs (d) through (f).
Source: Minn. Stat. § 518.175, subd. 6(g)
Contempt of court
Constructive contempt under Minn. Stat. § 588.01, subd. 3, includes disobedience of any lawful judgment, order, or process of the court.
Violating a temporary order
Under Minn. Stat. § 518.131, subd. 10, in addition to being punishable by contempt, a violation of a provision of a temporary order or restraining order granting relief under subdivision 1, clause (g), (h), or (i), which includes restraining a party from removing a minor child from the jurisdiction of the court, is a misdemeanor.
Source: Minn. Stat. § 518.131
The habitual truancy provision
A violation of Minn. Stat. § 609.26, subd. 1, clause (7), causing or contributing to a child being a habitual truant, is a gross misdemeanor, not a felony.
Source: Minn. Stat. § 609.26, subd. 6(b)
Questions people ask about violating a custody order in Minnesota
What happens if a parent keeps my child past scheduled parenting time?
Proof of an unwarranted denial of or interference with duly established parenting time may constitute contempt of court and may be sufficient cause for reversal of custody under Minn. Stat. § 518.175, subd. 6(i).
Document each missed exchange and bring that record to your attorney promptly.
Can a parent be charged with a crime for taking or hiding a child?
Whoever intentionally conceals a minor child from the child’s parent where the action manifests an intent substantially to deprive that parent of parental rights, or takes, obtains, retains, or fails to return a minor child from or to the parent in violation of a court order where the action manifests an intent substantially to deprive that parent of rights to parenting time or custody, may be charged with a felony and, upon conviction, may be sentenced as provided in subdivision 6.
What if a parent returns the child quickly after taking them?
A felony charge under Minn. Stat. § 609.26 shall be dismissed if the person voluntarily returns the child within 48 hours after taking, detaining, or failing to return the child in violation of the section.
What criminal penalties apply under the child deprivation statute?
Standard tier:
Under Minn. Stat. § 609.26, subd. 6(a)(1), a violation may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both.
Aggravated tier:
Under Minn. Stat. § 609.26, subd. 6(a)(2), a violation may be sentenced to imprisonment for not more than four years or to payment of a fine of not more than $8,000, or both, if the court finds aggravating circumstances including: the defendant committed the violation while possessing a dangerous weapon or caused substantial bodily harm; the defendant abused or neglected the child during the concealment, detention, or removal; the defendant inflicted or threatened to inflict physical harm on a parent or lawful custodian with intent to cause them to discontinue criminal prosecution; the defendant demanded payment in exchange for return of the child; or the defendant has previously been convicted under this section or a similar statute of another jurisdiction.
Can a judge change custody because of parenting time violations?
The court may modify legal and physical custody of the child by awarding custody to the party whose parenting time was denied or interfered with, in accordance with the procedures under section 518.18, under Minn. Stat. § 518.175, subd. 6(e)(2).
Is there a defense if I believed my child was in danger?
It is an affirmative defense under Minn. Stat. § 609.26, subd. 2, if a person charged proves that the person reasonably believed the action taken was necessary to protect the child from physical or sexual assault or substantial emotional harm, or was necessary to protect the person taking the action from physical or sexual assault.
What happens with child support arrears and contempt?
Under Minn. Stat. § 518A.72, subd. 1, if a person against whom an order for support has been entered is in arrears in court-ordered child support or maintenance payments in an amount equal to or greater than three times the obligor’s total monthly support and maintenance payments and is not in compliance with a written payment plan approved by the court, a child support magistrate, or the public authority, the person may be cited and punished by the court for contempt.
If a child is taken across county lines, where is the case heard?
Under Minn. Stat. § 609.26, subd. 3, a person who violates this section may be prosecuted and tried either in the county in which the child was taken, concealed, or detained or in the county of lawful residence of the child.
Talk with Martine Law about your custody situation
Acting early gives you more options. Martine Law handles custody matters across Minnesota.
Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
Prepared by the Martine Law editorial team; sources reviewed October 16, 2026.
For an overview of the law and how we help, see our Minnesota child custody and parenting time page.
