Divorcing couples with children and unmarried parents who do not reside together often exercise parenting time during the pendency of their case pursuant to a temporary court order. At the conclusion of the case, parents will exercise parenting time pursuant to a final parenting plan entered by the court.
In the event a parent fails or refuses to facilitate the parenting time set forth in a temporary court order or parenting plan, Illinois law allows a parent to file a petition seeking to enforce his or her parenting time set forth in the court order or parenting plan. This petition must state the name and address of each parent, the terms of the court order or parenting plan in effect, a description of the parenting time violation(s) (to include the date and time of each violation), and a description of the attempts made to resolve the parenting time violation(s).
If the court finds that a violation of the court order or parenting plan occurred, then the court may impose several different remedies. Specifically, the court may impose any of the following remedies:
- Awarding the aggrieved parent make-up parenting time;
- Adding additional terms or conditions to the court order or parenting plan;
- Requiring either or both parents attend counseling or a parent education course;
- Requiring that the non-complying parent post a cash bond to ensure future compliance;
- Imposing a civil fine per violation;
- Requiring the non-complying parent to reimburse the other parent for all reasonable expenses incurred as a result of the violation; and/or
- Finding the non-complying parent in contempt of court.
Lastly, if the court finds that a violation of the court order or parenting plan occurred, then the court may order the non-complying parent to pay the other parent’s reasonable attorneys’ fees.
Taylor K. Real, Attorney
For more information on Ms. Real, please visit: www.beermannlaw.com/team/taylor-k-real.