What Should I Do if My Child’s Other Parent Refuses to Follow Our Child Custody Order?

 Posted on September 02, 2026 in Child Custody

Parenting after a divorce or separation can be difficult, even when both parents make an effort to cooperate. When one parent starts ignoring the parenting plan, you might be left wondering whether you need to go back to court or how you can protect your time with your child.

The parenting plan is an official court order that parents are expected to obey completely. If your child’s other parent is not following the directions contained in the parenting plan, he or she could face serious consequences. If your ex is repeatedly violating your custody agreement in 2026, a Naperville child custody attorney can explain your options.

What Should You Do if the Other Parent Is Not Following Your Parenting Plan in Illinois?

If violations keep happening, begin by keeping a clear record of them. Write down what happened and when it occurred, and save messages that show problems with the parenting schedule. You should also review the wording of your parenting plan, so you know exactly what the other parent was required to do.

It's important that you continue following the order yourself. Responding to a violation by withholding parenting time or breaking another part of the order could make the dispute harder to resolve.

If you cannot resolve the problem, Illinois law allows you to seek enforcement in court. Under 750 ILCS 5/607.5 of the Illinois Marriage and Dissolution of Marriage Act, you can file a court petition to enforce your allocated parenting time. The petition should detail the violation and outline any attempts made to resolve the issue.

What Can an Illinois Court Do if a Parent Refuses to Follow a Parenting Time Order?

A judge can take several steps to enforce a parenting time order, and the appropriate response depends on what happened in the case. Under Illinois law, the court may:

• Order makeup parenting time to replace time that was denied.
• Add conditions to help ensure that the parenting plan is followed.
• Require reimbursement for reasonable expenses caused by the violation.
• Require the parent to post a cash bond or other security.
• Impose a civil fine.
• Hold the parent in contempt of court.
• Order parental education or family counseling.

Illinois's parenting time enforcement law also requires the court to make the parent who violated the order pay for your lawyer's fees and court costs, unless there is a very good reason not to.

Can You Change Your Parenting Plan in Illinois if the Other Parent Keeps Violating It?

You may be able to request a change to your parenting plan if problems continue, but modification is different from enforcement. Enforcement asks the court to make the other parent follow the current order, while modification asks the court to change it.

According to 750 ILCS 5/610.5, a court may modify parenting time when circumstances have changed, and the modification is necessary to serve the child's best interests. A modification is not automatic because the other parent violated the order. However, repeated problems may show that parts of the existing arrangement are no longer working.

What if the Other Parent Refuses to Return Your Child in Illinois?

If the other parent refuses to return your child at the required time, document what happened. A refusal to return a child as ordered may be grounds for an enforcement action.

The situation is more urgent if you believe your child has been abducted or is in immediate danger from their other parent. If you believe your child’s other parent has committed parental kidnapping or otherwise represents a risk to your child, contact the police immediately.

Keep in mind that not every late return or parenting time violation constitutes parental abduction. For a non-emergency dispute, a family law attorney can help you determine the proper way to bring the violation before the court.

Do You Need to Go to Court to Enforce a Parenting Time Order in Illinois?

Not every parenting time disagreement has to end in court. If the problem is minor and the parents can resolve it, a court filing may not be necessary.

Things get more serious if the other parent keeps breaking the rules. When they repeatedly keep your child away or ignore the court order, taking them to court lets a judge step in and deal with the problem.

It’s usually best to try resolving the issue together first. However, if talking it out does not work or is not an option, a lawyer can help you ask the court to enforce your parenting plan.

Contact a Naperville, IL Parenting Time Lawyer

When your child's other parent repeatedly ignores a parenting plan, you may need help protecting your parenting time and enforcing the court's order. Attorney Don Pesce has almost two decades of legal experience and is court-approved in DuPage County to serve as a mediator to resolve custody and visitation matters.

Contact our DuPage County family law attorneys at Pesce Law Group, P.C. or call 630-352-2240 to schedule a free consultation.