Parenting plans and custody agreements are designed to provide stability for children and clarity for parents. But what happens when your ex repeatedly ignores the parenting plan—whether by refusing to follow the schedule, making major decisions without consulting you, or interfering with your time with your child?
If you’re facing this situation in Minnesota, you do have legal options. Below, we’ll walk through common violations, how Minnesota courts view them, and the steps you can take to protect your parenting rights.
Common Ways Parenting Plans Are Violated
Parenting plan violations can look different depending on your circumstances. Some of the most common issues Minnesota parents encounter include:
- Denied parenting time – Your ex refuses to let your child go with you at your scheduled time.
- Unapproved schedule changes – One parent consistently changes drop-offs, pick-ups, or exchanges without agreement.
- Interference with communication – Calls, texts, or video chats are blocked or limited.
- Ignoring decision-making authority – A parent makes medical, educational, or religious decisions without the other’s input (if joint legal custody is in place).
- Failure to share important information – Withholding report cards, medical updates, or extracurricular schedules.
How Minnesota Courts View Parenting Plan Violations
Minnesota family law prioritizes the best interests of the child. Courts expect both parents to follow the custody order or parenting plan in good faith. A parent who refuses to cooperate or interferes with parenting time can face serious consequences.
Judges generally distinguish between:
- Occasional, minor scheduling issues (which may not rise to the level of legal enforcement), and
- Ongoing, intentional violations (which may require court intervention).
Your Legal Options in Minnesota
If your ex repeatedly breaks the parenting plan, here are the steps we recommend you take:
- Document Everything
Keep detailed notes of missed parenting time, denied visits, or other violations. Save texts, emails, and calendar entries—this evidence can be critical in court. - Attempt Resolution First
Minnesota courts often encourage parents to resolve disputes through communication or mediation before seeking enforcement. Showing that you tried to work it out can strengthen your case. - File a Motion for Parenting Time Assistance
Under Minnesota Statute § 518.175, you can ask the court to enforce parenting time. If the judge finds your ex has wrongly denied parenting time, possible remedies include:- Make-up parenting time.
- Civil penalties or fines.
- Requirement to post a bond to ensure future compliance.
- Attorney’s fees and costs awarded to you.
- Seek a Modification (if needed)
If the violations are severe or ongoing, you may request a custody or parenting plan modification. This is a more significant step, but sometimes necessary if the other parent consistently disregards the agreement. - Contempt of Court
In cases of willful and repeated violations, you may bring a motion for contempt. A parent found in contempt can face escalating penalties, including fines or even jail time in extreme circumstances.
Protecting Your Child and Your Rights
If your ex is undermining the parenting plan, you don’t have to face it alone. Minnesota law provides tools to enforce your rights and safeguard your child’s well-being. The best approach often depends on the pattern of violations, the child’s needs, and your long-term parenting goals.
An experienced family law attorney can help you:
- Assess whether the violations warrant legal action.
- Prepare and file the appropriate motion.
- Represent your interests in court.
Parenting plans are legally enforceable in Minnesota. If your ex isn’t following the plan, documenting the violations and taking prompt legal action can help restore order and protect your parenting time. Our Minnesota family law teams are here to help you understand your options and take action to protect your rights. Contact us today to schedule a confidential consultation.
