Beyond Just Missed Parenting Time
A parenting plan generally covers more than just the schedule — it can include decision-making processes, communication expectations, and specific terms like a right of first refusal. If the other parent isn't following the schedule specifically, see our more detailed guide on what to do when parenting time is denied. This page takes a broader look at non-compliance with a plan generally, beyond the schedule alone.
Documenting What's Happening
Whatever the specific issue, keeping a clear, factual record of what's happening — dates, what was agreed to, and how it wasn't followed — is generally a useful first step. This record can support a conversation with the other parent, a mediator, or, if it comes to that, a court, and tends to be far more persuasive than a general impression formed after the fact.
General Options, From Least to Most Formal
Options generally range from direct conversation with the other parent, to structured communication through a co-parenting app or in writing, to mediation or a parenting coordinator for recurring issues, up to a motion to change or enforce the arrangement where the problem is serious or ongoing and lower-conflict options haven't worked. Starting with the least formal, lowest-conflict option that's reasonable for the situation tends to serve families, and especially children, better than escalating immediately.
When It Becomes a Repeated Pattern
A single missed call or late pickup is generally different from a repeated, deliberate pattern of ignoring the plan's terms. Where non-compliance is ongoing despite reasonable attempts to resolve it directly, it's generally worth considering more formal steps, including updating the agreement if the plan itself may genuinely no longer fit the family's circumstances, or a court process if agreement isn't possible.
Frequently Asked Questions
What should I do first if the other parent isn't following our plan?
Generally, documenting what's happening and raising it directly with the other parent, calmly and in writing where possible, is a reasonable first step before considering more formal options.
Is not following a parenting plan the same as denying parenting time?
They can overlap, but a parenting plan covers more than scheduling — see our more specific guide on denied parenting time if that's the core issue.
Can I go straight to court if the plan isn't being followed?
You generally can, but courts and the process itself often favour trying lower-conflict options first, such as direct communication or mediation, where the situation allows for it.
Does one missed visit mean the plan has been broken?
Not generally in a legally significant sense — an isolated incident is different from a repeated or deliberate pattern of non-compliance, which tends to carry more weight.
Can a parenting plan be changed if it's not working?
Generally, yes, either by agreement between the parents or, if needed, through a court process, particularly where the original plan no longer reflects the family's actual circumstances.