What Happens If My Co-Parent Violates a Parenting Plan in Seattle?

A crucial element of the divorce or legal separation process in Washington state is making decisions about what happens to the children after the marriage ends. Divorcing parents are tasked with establishing what’s known as a parenting plan, which serves as a legally binding document that sets forth custody arrangements, parenting time, and several other important roles and responsibilities. For instance, the parenting plan will identify the parent with whom the child will reside for the majority of the time and address how the child will be transferred to the other parent’s care (and how often). Parenting plans tend to be quite detailed, as Washington courts want to minimize confusion or potential disagreements as much as possible. While some separating couples are able to negotiate the terms of the parenting plan on their own, those moving through more contentious divorces may need the guidance of a mediator, arbitrator, or even court intervention in order to establish a fair parenting plan that protects the best interests of the child. 

Once the parenting plan has been approved by the court, it becomes a legally binding document. If a parent violates the terms in any way, the other party has the right to take any number of steps to redress these issues and hold the other parent responsible for disregarding the terms. When a co-parent breaks the custody agreement, it can be upsetting and frustrating—not to mention difficult for your child as well. Instead of having to address this challenging situation on your own, it’s worth enlisting the guidance of a highly experienced and caring Seattle family law attorney who can provide you with the support you need to resolve this issue as smoothly and efficiently as possible. Let’s take a closer look at your options for resolving a parenting plan violation in Seattle and how working with a trusted child custody lawyer can help you secure a fair and equitable outcome. 

Recognizing Parenting Plan Violations in Washington State

There are many ways that someone can violate the terms of an established parenting plan. Essentially, any failure to comply with one or more of the terms set forth in the plan can justify action on the part of the other parent. Common parenting plan violations include: Failing to return the child on time to the other parent (or even failing to bring them back at all); interfering with the other parent’s time with the child; taking the child on unauthorized trips without the consent or knowledge of the other parent; and other forms of disregarding the roles and responsibilities contained in the parenting plan. If you are wondering whether your ex has conducted parenting time violations in Washington state, it’s worth sharing these concerns with a knowledgeable and compassionate Seattle family law attorney who can assess the details of your situation and identify the most strategic path forward.

Steps to Take When a Parenting Plan Violation Occurs in King County

Washington state takes parenting plan violations very seriously. However, it’s important to recognize how a parenting plan violation on the part of your ex affects your parenting roles and responsibilities as well. Under current Washington laws, a parent is still responsible for upholding their duties even if the other party has violated the terms of the parenting plan. For example, you are not allowed to withhold the child from the other parent if they suddenly stop paying the child support they owe. Moreover, you must still honor the time-sharing agreement established in the parenting plan, even if the other parent is failing to comply with the terms. Rather than taking action against the other parent in ways that go against the parenting plan, you can take the following steps to address the matter more effectively. 

Document Everything

As soon as you experience a parenting plan violation, be sure to document these issues so that you can cite specific examples of the ways in which the other parent failed to uphold the terms set forth in the parenting plan. For instance, if the other parent repeatedly returns the child later than the agreed time, keep a written record of these delayed exchanges. Or, if the other parent takes the child on an unauthorized trip without notifying you or obtaining your consent, write this down with as many specifics as you can provide. Poor communication is also worth documenting to establish a pattern of failed exchanges or repeated issues on the part of your ex.

Communicate Clearly With the Other Parent

Before you go through the formal process of filing a parenting plan contempt motion in the greater Seattle area, it’s worth communicating your concerns with the other parent and giving them a warning about the potential consequences of continuing to violate the terms of the parenting plan. Many people find it helpful to draft an email that informs the other parent that they are violating the parenting plan, provides examples demonstrating how they are violating the plan, and warns them that any future violations will lead you to file a contempt action against them. Generally speaking, it’s best to give the other parent the opportunity to acknowledge and correct their behavior before hitting them with a contempt motion that may seem out of the blue. If you are concerned about how the other parent will respond to these warnings, you can discuss your options with an experienced and caring Seattle family law attorney for greater support and encouragement. 

Filing a Motion For Contempt in King County or Pierce County

After you have notified the other parent about their violations and informed them that you will pursue a motion for contempt if they do not adjust their behavior, it can be disappointing when they fail to correct their actions. If they continue to violate the terms of the parenting plan, you can file a motion for contempt with the court. You can complete the required documents that inform the court as to why you are taking this step (in other words, how the other parent has violated the terms of the parenting plan). Once this paperwork has been filed, a judge will review the forms and, if there is sufficient evidence of a parenting plan violation, the contempt hearing will be set. 

Preparing For a Contempt Hearing in Washington State

Once the judge has approved a contempt hearing, the other party will have to be personally served with these documents. As you wait for them to respond, you can work with your dedicated and trusted child custody lawyer to prepare for the upcoming hearing. When the other party responds to the notice of contempt, you will also have the opportunity to respond to what they stated in their materials. Next, you and your attorney can prepare for the hearing by creating an outline of the points that need to be covered, gathering evidence of the violations, and anticipating what to expect during the hearing itself. With a caring and supportive Seattle family law attorney by your side, you can approach this process with greater clarity and confidence. 

King County Family Court Enforcement

If the court determines that the other parent has violated the terms of the parenting plan, they may impose certain penalties. A parent found to be in contempt may face fines or other financial penalties to deter future violations. Or, the court may modify the established parenting plan to account for the repeated violations on the part of one party. In extreme cases, a parent who repeatedly or egregiously disregards the terms of the parenting plan or endangers the child’s safety in any way may face costly fines or even imprisonment. Ultimately, these penalties are intended to enforce compliance and minimize further disruptions so that the child can continue to enjoy a steady and secure home environment. If you have additional questions about enforcement actions for parenting plan violations in Washington state, please contact the highly qualified team of family law attorneys at the Hemmat Law Group today to get started. 

Frequently Asked Questions (FAQs) About Parenting Plan Violations in Washington State

Disputes involving children can be particularly challenging to navigate, especially when you are dealing with an unresponsive co-parent who repeatedly disregards the terms of the established parenting plan. Enlisting the guidance of a knowledgeable and supportive Seattle child custody lawyer can provide you with the insights you need to make informed decisions with greater confidence. Here are just a few of the most commonly asked questions about parenting plan violations in Washington state.

What Happens If a Parent Breaks a Parenting Plan?

The other parent has the right to document these violations and notify the other party that further violations will trigger legal consequences. If the other parent does not respond to these warnings or continues to break the terms of the parenting plan, you can work with your attorney to file a motion for contempt with the family court. 

Can a Parenting Plan Be Changed in Washington State?

Yes. If the court determines that a parent has violated the terms of the parenting plan, it may modify the terms to account for these considerations. In other cases, you may be able to petition the court to request a modification, as long as you can provide sound reasoning for doing so. To learn more about parent plan modifications in the greater Seattle area, reach out to the Hemmat Law Group to get started.

If you are grappling with a parenting plan dispute or you need help addressing a parenting plan violation in Washington state, the dedicated and highly qualified legal team at the Hemmat Law Group is ready to guide you toward a fair and just resolution. Please contact our Seattle office today at (206) 682-5200 to get started with a caring divorce and family law attorney.