What Can I Do If My Ex Will Not Abide by Our Existing Parenting Plan?

 Posted on April 15, 2021 in Family Law

One of the most important aspects of any divorce involving children is creating your parenting plan to outline certain agreements that you and your spouse have made concerning the children. In Wisconsin, once you have entered a court order detailing things such as child support and parenting time, that order is legally binding and requires cooperation from both spouses. It can be extremely frustrating when your ex does not abide by the terms of the agreement that you have. However, as a court order, there are certain steps that you can take to combat noncompliance from your ex.  

Filing a Motion to Enforce Physical Placement Orders in Wisconsin

Any parent can file a motion to have their physical placement orders enforced in Wisconsin, as long as certain conditions are met. In your motion to the court, you must state your name and show that you have been awarded periods of physical placement of your child, the name of your child’s other parent and that you have had one or more periods of physical placement denied or substantially interfered with by the other parent. Once you have filed the motion with the court, you must then serve the motion to the other parent.

Remedies Granted to Petitioners

Once the motion has been served to the other parent, the court will schedule the hearing to take place within 30 days. If the court finds that the parent did indeed interfere with physical placement and that the interference was intentional and unreasonable, the judge will issue an order which would grant a reasonable amount of physical placement time to replace the amount of placement time that was interfered with. The judge will also award the parent filing the action a reasonable amount to cover the costs of filing the action, including costs for attorney’s fees.

The judge also has the discretion to issue an order specifying times for periods of physical placement, if one has not already been entered, find the parent interfering with the physical placement in contempt of court or grant an injunction ordering the interfering parent to comply with the terms of the order. 

Have a Muskego, WI Child Custody Lawyer By Your Side

When it comes to anything concerning the court system, it can be a daunting and confusing process. At Bucher, Wolff & Sonderhouse, LLP, we know how critical it can be to ensure that both parents receive their fair share of parenting time. Our knowledgeable Waukesha County child custody attorneys are here to help in any way possible. You do not have to go through this process alone; to schedule a free consultation, call our office today at 262-232-6699.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/767/v/471