Q. My ex won't follow our time-sharing agreement. What are my rights?
The time-sharing agreement is generally contained in a marital settlement agreement which is made in part of the final judgement of the divorce.
It IS an official order from the court.
If a parent does not follow the agreement, and is in violation of the court order, the parent can be found in contempt of court and the court can issue sanctions against that parent which include:
Fines
Additional Requirements concerning counseling and parental education
Required to pay all of the non-violating parent's attorney fees for having to bring the violating parent to court.
The first thing a parent should do is contact a Family Law attorney to prepare and file a motion for contempt and enforcement against the violating parent. That motion will then be set for hearing in front of the judge. At the hearing, evidence will be presented in the form of testimony and documents. The judge will then determine whether the violating parent should be found in contempt.
Finally, the judge will then write a written order concerning the outcome.
Click here for another article about time-sharing considerations for further insights about time-sharing solutions.