When a Minnesota court issues a custody or parenting time order, both parents must follow the exact terms. One-sided changes or ignored schedules upset the child’s life and create major legal problems. Breaking these orders leads to legal results like make-up parenting time or contempt of court.
Common ways parents violate custody orders
Parents break custody rules in several ways, from small delays to big changes. Being late once might not cause legal action. But repeated problems often lead to a court motion.
Common examples of custody and parenting time violations include:
- Stopping visits: One parent blocks court-ordered parenting time from the other.
- Ignoring drop-off rules: A parent does not use the exact places or times set for custody drop-offs.
- Moving the child: A parent moves the child to another city or state without court permission or the other parent’s okay.
- Skipping talks: A parent keeps ignoring the rules for making choices set in the legal agreement.
These actions often cause the other parent to ask the court for help. How the court acts depends on the exact facts of the case.
How Minnesota judges evaluate custody disputes
When a parent files a motion to address a breach of custody orders, the court reviews the details before imposing penalties. Judges put the child’s needs ahead of punishing the adults. To come to a decision, the court looks at a few facts, such as:
- The reason for the breach: Whether the parent had a good excuse or an emergency for breaking the court order
- Intent: Whether the breach was on purpose or came from an honest mistake
- Child safety: Whether the physical safety of the child was at risk during the event
- Pattern of behavior: Whether the issue is a repeated pattern rather than a single event
Once a judge reviews these details, the court will issue an order for both parties to follow.
Potential legal penalties for noncompliance
If a judge finds that a parent violated an order without a good reason, the court has broad authority to compel them to comply with the rules. Depending on the severity of the breach, the court can impose different penalties such as:
- Make-up parenting time: The court can give extra days or hours to the parent who lost their planned time.
- Fines: The parent who broke the rules may have to pay fines or cover the other party’s lawyer fees.
- Contempt of court: A judge can hold the rule-breaking parent in contempt, which can lead to jail time in bad cases.
- Custody changes: Repeated broken rules can show a change in facts, causing the court to change custody for good.
- Criminal charges: In bad cases, such as taking a child out of state to hide them, the state can file criminal charges.
Understanding these penalties helps parents follow court orders and avoid penalties.
Where this leaves Minnesota parents
Custody orders exist to create peace for children and clear rules for parents. Acting without court permission can harm a parent’s legal standing. For example, state law prohibits stopping child support payments just because the other parent blocks visitation.
Addressing a breach of a custody order means following formal court rules. To protect your rights and ensure your children’s interests are protected, consider calling Rhonda J. Magnussen LLC at 763-251-1600 for guidance before taking any action regarding a violation of the court’s custody orders.