What Happens to a Parent Who Violates a Parenting Plan in CA?

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Establishing a clear and detailed parenting plan is essential to raising children post-divorce. Also referred to as a “visitation and custody agreement,” a parenting plan focuses primarily on two aspects of child-care: decision making and time-share. While some parents take to parenting plans with ease and have no issues, others may find them restrictive and difficult to follow. Whether you are having trouble abiding by the terms of a parenting plan, or convincing your ex to do so, it is in your best interests to consult with a Monterey family law attorney.  If you violate the parenting plan, you could face penalties, including contempt.

Things you can be held in contempt for

When you violate a parenting plan order, you risk being held in contempt of court. Additionally, you could face visitation and custody related penalties depending on the nature of the indiscretion. You may be held in contempt of court for the following behaviors:

  • Failure to return your child on time to your child’s other parent
  • Not returning your child to your child’s other parent at all
  • Not allowing the other parent to see your child in accordance with the parenting plan
  • Attempting to alienate your child against the other parent
  • Intentionally and repeatedly disregarding visitation times

Being held in contempt of court should not be taken lightly. In fact, you could face penalties that can affect your personal and professional life.

Penalties that the court can enforce

To avoid penalties imposed by the court, it is always best to abide by the terms in your parenting plan. If you wish to modify a term, consult with an attorney. Some of the penalties you may face for violating a parenting plan include:

  • Attending a parenting class
  • Going to counseling with the other parent
  • Attending additional check-in hearings later on
  • Giving non-violating parent more rights
  • Stripping violating parent of custodial rights
  • Jail
  • Compensation for attorney fees and/or civil penalties

Ultimately, the penalties vary based on the violation. An experienced lawyer can provide you with hands-on guidance on how to move forward.

Contact skilled California family law attorneys

For more than two decades, Giuliano Law has helped families throughout Hollister, Santa Clara, Santa Cruz, Monterey, and San Benito counties. For more information about our services or to discuss your family law or divorce case with a knowledgeable lawyer, call  (831) 257-8685 or contact us online.

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