After a separation, both parents can continue showing up for their children based on the guidelines of a coparenting agreement. The details of this plan require that both parties follow the schedule properly. While occasional delays are part of life, habitual lateness can be a cause for concern.
If you find yourself in this situation, the tardiness and unexpected cancellations of your coparent can impact your own routine and your children’s well-being. In Virginia, you have two primary paths to address this behavior: contempt proceedings or agreement modifications. Choosing how to proceed is an important first step in resolving repeated noncompliance with coparenting schedules.
When filing a motion for contempt is ideal
If the other parent repeatedly violates the court-ordered plan, you can ask a judge to enforce it through a show cause rule. During the proceeding, the noncompliant party is required to show a valid reason for their behavior. Compiling logs of their lateness and cancellations, as well as all communication between the two of you, can help prove that they failed to comply with the order.
If the court does find contempt, the coparent can face a number of possible consequences in addition to being ordered to comply with the visitation terms. The judge can issue make-up parenting time so you can get back the time you lost with your children. Moreover, the other party may be imposed to pay for your attorney’s fees and other costs.
Modifying your custody and visitation terms
While enforcement is one way to settle custody disputes, you may also want to consider modifying your custody agreement. A parent consistently showing up late or even canceling scheduled sessions with your children can mean the terms no longer work for them. In the worst case scenario, it can also reveal potentially neglectful and careless behavior that can negatively affect your children.
Building a compelling argument for your claim is crucial when requesting a custody modification. In addition to providing evidence of the other party’s chronic lateness, you need to show that these changes are in your children’s best interest. Working with a legal professional can help you build the credibility needed for a favorable outcome.
Enforcing responsible parenting time
Navigating a family dynamic as coparents can be challenging. However, your children still deserve to have parental figures that are present for them. Ensuring that the other party complies with your mutually agreed upon terms is not just about holding them accountable; it is about making sure that your children feel seen and supported.