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The Penalties For Violating A Parenting Plan
The Penalties For Violating A Parenting Plan
A parenting plan is essentially a schedule and a set of rules that parents must follow after a divorce. The aim is to make sure that the child or children in question are protected and cared for, even if the parents themselves have irreconcilable differences. The well-being of the child comes first, as well as their ongoing education and development, and so a parenting plan may be drawn up to ensure this.
The plan will cover where the child will reside throughout the year, as well as transportation arrangements, decision-making powers, and any limitations for either parent. Individual plans may also include aspects that are specific to the case in question.
Ideally, parents will be able to agree upon a set plan and schedule. Then, the plan will be approved by the court and enacted. This may not always be possible, however, and the court may need to outline and impose a plan for the parents in the event that they cannot reach their own agreement.
If the rules of the parenting plan are not adhered to, this will be considered a violation. The case will be returned to the court, and a decision will be made on what happens next. This may include the following:
Changes To Parent Time Share Arrangements
In many cases, courts may decide to make changes to the current parent time share agreement. If one party is found to have ignored or violated the parenting plan, the court may find that they are not fit to fulfill an even share of their parenting duties at the present time. As a result, the court may opt to award the other party more time with their child. The reorganized arrangement may not necessarily be convenient for the offending party, but will be designed to eliminate disruption for the child where possible. Parents may be able to appeal or review this decision at a later date.
Denial Of Visitation And Custody Rights
In more extreme cases, the offending party may have their visitation and custody rights revoked or denied altogether. If a parent cannot maintain the visitation schedule or keep to the parenting plan, it may be decided to be in the child's best interests if the parent does not have access to them at all.
Enforced Community Service
Violation of the parenting plan may result in other penalties on top of restructured time arrangements or visitation rights. In some instances, courts in Lakewood, Colorado may impose community service periods, during which the guilty party will need to conduct unpaid labor for the benefit of the community or carry out another service that benefits the local area.
Legal Fees And Fines
If a parenting plan violation case goes to court, there will be legal fees to pay — these will include the fees of any attorneys or legal professionals present, as well as fees imposed by the court itself. Often, these can add up to a significant amount of money.
If one party is found to be at fault due to repeated violations, the court may require that this party pay the majority of or all of the legal fees. There may also be additional fines imposed in some cases, which may add to the amount of money the guilty party needs to pay.
Mandated Education And Development
In some instances, the court may decide that the parent simply needs some assistance or guidance in fulfilling their role. If this is the case, they may recommend a program of education and development, essentially a course that helps parents overcome issues they may be having and that may be leading them to violate the parenting plan. The parent will often be required to pay for the course out of their own pocket.
Custodial Sentences
Very extreme cases could result in custodial sentences. This is because the parenting plan may be ordered by the court, and so any violation may be considered to be contempt of court. In Lakewood, Colorado, contempt of court is treated very seriously and may result in a significant criminal charge. If the violation has taken place repeatedly, or if there are other factors involved, the court may consider handing down a custodial sentence.
Discover More About Parenting Plans
You may find yourself needing legal assistance and guidance when you navigate a parenting plan. Reach out to our team to discuss your options. We can advise you on the specifics of your situation, as you learn more about parenting plans and associated violation penalties.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.