When you decide on a parenting agreement with your ex or have had one determined by a judge, you may think that everything should go well from there on out. Unfortunately, sometimes parents don’t stick to the agreement because of complaints about contact or parenting time allowances. If this has happened to you, do you know what to do to enforce your parenting time? There are a few things you can do to protect your rights as well as those of your children.
If you’ve been denied access to your children, you’re in a position where you can take the children’s mother or father to court over the denial of your parenting time. This time is allowed by law, so in most cases, denying you access to your children is illegal.
There are, of course, a few times when it’s acceptable to deny you access to your children, like if abuse is suspected or if you were intoxicated at the time of your scheduled parenting time. Other than those reasons, there are few that will stand up in court. Each case is handled individually, but unless extreme reasons are shown, simply refusing to grant parenting time due to personal issues won’t be allowed.
What can be done for you? A judge may be able to help you set up a time when you can make up the lost time with your children. If the other party is still trying to withhold your children from you, then you both may be required to attend family dispute resolution to work out your problems. The other party may have to pay you for any expenses you had due to the denial of time with your children, and he or she will need to pay a fine in many cases.
Source: JusticeBC, “What can I do if the other parent doesn’t follow the agreement or order about parenting time or contact?,” accessed April. 16, 2015
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