What to Do When Your Co-Parent Fails to Follow the Parenting Plan

Co-parenting is never easy, even when both parents are committed to the welfare of their child. But what do you do when the other parent disregards an agreed-upon parenting plan? This can lead to significant stress for you and confusion for your child. Fortunately, there are practical steps you can take to address the issue while maintaining your focus on your child’s best interests.

Document Every Incident

The first step in handling a co-parent’s non-compliance is to document every incident meticulously. This can include missed exchanges, failure to return the child on time, or refusal to meet the terms of the plan. Keep a detailed log with dates, times, and specific violations. Save all emails, text messages, and call logs—these serve as crucial evidence if you need to escalate the situation. In Illinois courts, evidence that highlights a consistent pattern of non-compliance strengthens your case significantly.

Open Communication Lines

Although emotions may run high in these scenarios, attempting open and calm communication should always be the next step. Send a polite message or email to the co-parent outlining what part of the plan was violated and calmly request their cooperation for future compliance. Remember to remain respectful; it is not about assigning blame but finding a solution. Demonstrating a willingness to work together shows the court that your focus is solely on the child’s well-being.

Explore Mediation as a Solution

If direct communication fails, attorney-guided mediation may be the next best course of action. Illinois law encourages parents to resolve co-parenting disputes amicably whenever possible. Mediation can serve as a neutral ground where both parents can voice their concerns and work toward a revised agreement with the help of their independent legal counsel. A skilled mediator can help de-escalate tensions while staying focused on the parenting plan’s intent—providing a stable, loving environment for your child.

Consider Legal Remedies in Illinois

When all else fails, it may be time to seek court intervention. The courts in Illinois place the child’s best interests above all else. When one parent is consistently violating the parenting plan, the other parent may file a motion to enforce the allocation judgment.

Options include:

• Petition for Contempt: If your co-parent blatantly disregards the court-ordered parenting plan, they could face contempt of court charges. This may result in fees or, in severe cases, jail time.
• Modification of the Parenting Plan: Illinois law allows for modifications if one parent repeatedly fails to comply with the established schedule. If the violations pose a risk to your child’s stability, the court may alter the original agreement.
• Supervised Parenting Time: If the failure to comply endangers your child, the court may reduce the non-compliant parent’s parenting time or order supervised visits to ensure the child’s well-being.

Get Professional Legal Support

At WARD FAMILY LAW, LLC, we understand the challenges and emotional strain of navigating co-parenting conflicts. Our team offers compassionate, knowledgeable, and results-oriented representation. Whether through negotiation, mediation, or litigation, we are here to help you protect your child’s well-being and enforce your legal rights.

If you’re facing a co-parent who refuses to comply with the parenting plan, know that you are not alone. Reach out to us today to schedule a consultation and discuss the best way forward for you and your child.