Enforcing Parenting Plan Compliance

Summary

If a respondent in Illinois fails to comply with a parenting plan, the petitioner can file a motion for contempt of court. This involves gathering evidence of non-compliance, such as missed visitations or communications, and presenting it at a court hearing. If the court finds the respondent in contempt, they may face penalties like fines or jail time until they comply with the plan. Consider consulting with a divorce attorney for personalized advice and assistance in filing the motion.

Full Conversation

I am going through a divorce in Illinois. I am the petitioner. The respondent and his lawyer put together a parenting plan and it’s been in effect for 3 months but the respondent has not followed through with the parenting plan. I’ve already filed a rule to show cause and the respondent admitted to not following through with the parenting plan and still insists on not doing so. What action can I take as the petitioner?
It's important to take further action if the respondent continues to disregard the parenting plan. Here are some steps you might consider:
- Seek Contempt of Court: File a motion for contempt to enforce the parenting plan. The court can impose penalties on the respondent for non-compliance.
- Modify the Parenting Plan: Request a modification if circumstances have changed significantly.
- Consult with Your Attorney: For personalized advice, consult with your divorce attorney to explore all available options.
Would you like more information on any of these steps?
Yes, seek contempt of court please
Filing for contempt of court is a serious step that can enforce compliance with the parenting plan. Here's a guide on how to proceed:
- File a Motion for Contempt: You must file this motion with the court where your divorce case is being heard. It details how the respondent has failed to comply with the parenting plan.
- Gather Evidence: Collect evidence showing the respondent's non-compliance, such as missed visitations or communications.
- Court Hearing: The court will schedule a hearing to review the evidence and determine if contempt charges are warranted.
- Penalties: If found in contempt, the respondent may face fines, jail time, or other penalties until compliance is achieved.
Would you like more detailed information on how to file this motion or any other legal steps?