Enforcing Parenting Time in North Dakota
Parenting time, also known as visitation, is a critical aspect of a child’s life after their parents’ divorce. In North Dakota, the courts prioritize the child’s best interests when determining parenting time. However, there may be instances where one parent does not adhere to the agreed-upon parenting time schedule. This article will discuss the legal procedures and remedies available in North Dakota to enforce parenting time.
Understanding Parenting Time
Parenting time is a part of the parenting plan that is established during a divorce or separation proceeding. According to North Dakota Century Code 14-09-30, a parenting plan must include provisions regarding residential responsibility, parenting time, and parenting schedule, among other things. This plan is legally binding, and both parents are expected to adhere to its terms.
Legal Remedies for Non-Compliance
If a parent fails to comply with the parenting time schedule, the aggrieved parent has several legal remedies available under North Dakota law.
Contempt of Court
One of the most common remedies is to file a motion for contempt of court. According to North Dakota Century Code 27-10-01.1, a person is in contempt of court if they willfully disobey a lawful judgment, order, or process of the court. If a parent violates the parenting time provisions in the court order, they may be held in contempt. Penalties for contempt can include fines, imprisonment, or both.
Modification of Parenting Time
Another remedy is to request a modification of the parenting time schedule. Under North Dakota Century Code 14-09-06.6, a court may modify a parenting time order if it finds a significant change in circumstances that justifies the modification and that the modification is necessary to serve the best interests of the child.
Role of Parenting Coordinators
In some cases, a court may appoint a parenting coordinator to assist in resolving disputes related to the parenting plan. According to North Dakota Court Rule 8.10, a parenting coordinator’s duties may include recommending strategies for implementing the parenting plan and assisting the parties in developing effective co-parenting communication. The coordinator may also document the services provided and record any agreements reached.
Legal Counsel and Representation
It’s important to note that parents have a right to legal counsel during all stages of a proceeding related to parental rights. As per North Dakota Court Rule 8.12, if a parent is indigent, they have a right to have legal counsel provided at public expense.
Conclusion
Enforcing parenting time in North Dakota involves understanding the legal remedies available and the role of various legal professionals in the process. It’s crucial to consult with a legal professional to understand the best course of action based on your specific circumstances. Remember, the ultimate goal is to serve the best interests of the child, and any actions taken should align with this principle.