As divorce attorneys serving families in Skokie and throughout Illinois, we understand how frustrating it can be when a co-parent refuses to follow the terms of a parenting plan. When parents go through a divorce, the parenting plan—also known as the allocation judgment—outlines each parent’s responsibilities and parenting time. It’s approved by the court and has the force of law. If your ex is not following the parenting schedule, interfering with decision-making responsibilities, or otherwise violating the agreement, you have legal options to protect your rights and your child’s well-being.
A parenting plan under Illinois law includes details about parenting time, transportation, holidays, communication, and decision-making responsibilities under 750 ILCS 5/602.10. If either parent fails to follow the court-approved plan, they may be found in violation of a court order. Whether the other parent is constantly late, skipping visits, refusing to return your child, or making unauthorized decisions, the law gives you tools to hold them accountable.
If your ex is not complying with the parenting plan, the first step is to keep detailed records. This documentation can serve as evidence if you need to return to court. Make sure to write down the following:
Text messages, emails, and call logs can support your claim if you must file a motion with the court.
While some violations require immediate legal action, other issues may be resolved through clear, respectful communication. Sometimes, misunderstandings about the schedule or unexpected events can lead to temporary problems. If possible, try to address the issue directly with your ex. However, if communication breaks down or the behavior continues, legal enforcement becomes necessary.
Under 750 ILCS 5/607.5, you can file a petition for enforcement if the other parent refuses to follow the court-approved parenting plan. If the court finds that the other parent willfully violated the order, it may:
A finding of contempt can result in more serious consequences, including community service or even jail time in extreme cases.
Sometimes, repeated violations stem from a larger problem with the parenting plan itself. If your ex is consistently unavailable, or if the current schedule no longer meets your child’s needs, you can ask the court for a modification under 750 ILCS 5/610.5. To do this, you must show that there has been a substantial change in circumstances and that the modification would be in the best interest of the child.
We believe that stability, consistency, and a strong parent-child relationship are key to your child’s well-being. A parent who repeatedly ignores the parenting plan disrupts that stability. If you believe your child is being negatively impacted, we will work with you to bring the issue before the court and ensure that your child’s best interests remain the top priority.
If your ex is consistently late or refuses to return your child at the agreed-upon time, start documenting each incident. You can then file a motion with the court to enforce the parenting plan. Repeated violations may lead to changes in the schedule or legal penalties for the other parent.
No. You cannot withhold parenting time unless your child is in immediate danger. Doing so may violate the court order and put you at risk of being held in contempt. Instead, consult an attorney to seek enforcement through legal channels.
Document every missed exchange, refusal, or deviation from the court-approved schedule. Save emails, texts, and call records. If needed, keep a detailed journal with dates and descriptions of each violation. This evidence can be used in court to support your claim.
If the court finds your ex in contempt for violating the parenting plan, it may order makeup parenting time, fine them, require them to pay your legal fees, or even impose jail time in serious cases. The goal is to ensure compliance, not punish unnecessarily.
Yes. If the parenting plan is no longer workable or if your ex’s behavior shows a pattern of noncompliance, you can request a modification. The court will evaluate whether the change is in your child’s best interest based on current circumstances.
While you can file a motion on your own, having a lawyer helps ensure your case is properly presented, your rights are protected, and the court has all the evidence needed to enforce the order. A lawyer can also advise you on whether a modification is a better long-term solution.
It depends on the county, the court’s schedule, and the urgency of your case. If the issue involves an immediate risk to the child, emergency relief may be available. Otherwise, a regular motion may take several weeks or longer to resolve.
Typically, parenting plan violations are handled in civil court, not criminal. However, if your ex takes your child without returning them or refuses to comply with custody orders over a long period, more serious legal consequences could apply.
At Gordon & Perlut, LLC, we work with parents who need help enforcing or modifying parenting plans when the other parent won’t cooperate. If your ex is refusing to follow the schedule or putting your child in a difficult position, we’re here to help you take action.
Contact our Skokie parenting plan attorneys at Gordon & Perlut, LLC to schedule a free phone consultation when you call our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. We represent clients in Skokie, Chicago, and throughout Illinois with clarity, compassion, and commitment.