When parents divorce or break up, they typically have to find ways to work cooperatively for the benefit of their children. They go to the family court to obtain a custody order and share responsibility for their children.
Even in the early stages of divorce before the courts finalize permanent orders, the parents are probably subject to a temporary custody arrangement. Such arrangements outline an overall division of parenting time and may allocate decision-making authority as well.
Some parents are grateful for shared custody because the exchanges give them respite. Others resent any need to interact with their co-parents. They might start canceling parenting sessions or changing the schedule so that the other parent has less time on their scheduled days.
Can one parent intentionally interfere in the parenting time of the other?
Parents should follow the custody order
Even though many parents dislike giving up time with their children and regularly seeing a co-parent, they have an obligation to adhere to the existing custody order. Any attempts to subvert that order could lead to enforcement efforts by the other parent or possibly even a custody modification request.
Typically, one parent does not have the authority to limit or cancel the parenting time of the other. If they cannot exchange custody as arranged or need to shorten the other parent’s time, they should offer makeup parenting sessions. Giving the other parent an extra day the following week or letting them extend a visit by the number of hours they shortened the last session by could both be appropriate solutions.
A parent who has to cancel their own parenting time due to illness or job responsibilities puts themselves at the mercy of the other parent. They may be able to arrange makeup parenting time, but such concessions are not mandatory. If the other parent is the reason that they can’t see the children, they have a right to ask for additional time with the children.
In scenarios where one parent can show that the other has repeatedly canceled or shortened their time with the children, they may have reason to take the matter to family court. Judges might view a pattern of denying or shortening visits as a sign that granting the other parent makeup parenting time is appropriate. Occasionally, significant interference by one parent might lead to the courts modifying the initial custody order.
Keeping records of deviations from the terms set in a custody order can help a parent assert themselves by asking for custody enforcement. If both parents aren’t consistent about upholding their custody order, officially enforcing it or modifying it in family court could be necessary for the preservation of a parent-child relationships.