Primary parent not following Order (not enrolling child in extra-curricular, not informing me of info). What can co-parent do?

Asked 7 months ago - Dallas, TX

Child Modification dated 05/2013 states the child to be acitve in gymnastics. Multiple requests have been made for child to be enrolled in gymnastics as ordered and primary parent states will not enroll until she finds a house to buy with her boyfriend. The Order states to use a Parent Facilitator for conflict but I know from experience that would be a waste of time and money because the primary parent will continue to argue and not follow the order. Can I just file some type of motion with the court?

Attorney answers (4)

  1. Nathan Lee Majors

    Contributor Level 5

    8

    Lawyers agree

    Answered . Since a Parent Facilitator is in place you need to go through him/her first. Ask the facilitator to give you a date to shoot for to get these issue resolved. If they are not resolved by then you need to hire and attorney to file a motion to enforce the 5/2013 order.

  2. Maria Sara Lowry

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you are ordered to use a Parenting Facilitator, DO IT.

    You can file an enforcement action if the other party is not following the order. Hire a lawyer.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  3. Eric Stephen Lafleur

    Contributor Level 13

    6

    Lawyers agree

    Answered . If she's not complying with the terms of the order, you'll need to file a motion for enforcement.

  4. Theresa Cay Langford

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I agree with the above attorneys - however, also think that this is exactly the type of issue that you and the primary parent will need to coparent over the years. Which is why a facilitator exists - the expectation is that over time you will be resolving these matters between yourselves. A motion to enforce will likely require a clarification since in my experience, these clauses are rarely specific enough to be enforceable. Have you considered enrolling the child in gymnastics yourself?

    The above answer does not create an attorney/client relationship. These responses are merely intended to provide... more

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