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Being on a parenting plan if one parent doesn't comply with it can they call the police?

Toppenish, WA |

Baby's dad recently got back from Mexico and asked to see baby a specific day that I already have plans for and threatened me to call the police if I don't show up by when he said. Can I get in trouble for not doing so.?

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Attorney answers 3

Posted

NO. The only visitation he gets is as specified in the PP. The police will not get involved with enforcing the PP, that is the function of the court and not the police. They will merely say that it is a civil matter and he has to take it up with the court.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements

Asker

Posted

Ok. I also recently started going to college and some time that I have put for school interfere with the days posted on the parenting plan can that go bad on me since I'm unable to change my schedule around.

Dave Hawkins

Dave Hawkins

Posted

Yes, If you can;t follow the PP, you need to file a Petition to adjust it -- a PP is a court order and failing to follow it means that you could be found in contempt of court.

Asker

Posted

Ok. I have a court for the same reason next Friday to get unsupervised visits but the baby is 8 months old and she most likely wont recognize him. It's not that I'm willing to give him a hard time but he hardly knows things about the baby and hasn't interacted with her in a little over a month and a half.

Posted

If the day is his visitation time according to the parenting plan, then yes you can get in trouble for not complying. The police won't get involved, but he could file for contempt for your violation of a court order, which could at the mildest award him make-up time or more severe remedies such as paying fines or giving him grounds to modify the parenting plan if it happens two or more times in 3 years. (At the most extreme, jail time is a possibility, but usually that is reserved for perpetual contempt of child support orders or criminal custodial interference.) If your parenting plan is no longer appropriate, you need to petition to modify it, otherwise you will be held responsible for refusing to follow it.

Posted

The dad can get the police involved only if you are in violation of a parenting plan that was adopted by court order. See my AVVO Legal Guides on child custody and parenting plans for a possible explanation of the legal issues raised by your question. To find my Legal Guides, go to my AVVO home page by clicking on my photo; scroll down to "Contributions" and then click "Legal Guides." You will get a list of the 29 Legal Guides I have published on AVVO. Scroll down this list and select the topics that are relevant to your question.

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