What Can I Do if My Ex Is Violating the Parenting Time Order?

 Posted on February 25, 2026 in Family Law

If your ex is violating a parenting time order, commonly known as visitation, you can take legal action to enforce the order and protect your relationship with your child. Parenting time orders are legally binding, and both parents must follow them. When one parent refuses to follow the schedule, it can disrupt your child’s stability and create stress for everyone involved.

If your ex is not following the order, you have legal options to address the situation in 2026. Our Geneva, IL child custody lawyers help parents enforce court orders and protect their parental rights.

What Counts as a Parenting Time Violation in Illinois?

A parenting time violation happens when one parent does not follow the court-approved schedule.

Common examples of parenting time violations include:

• Refusing to allow scheduled visits
• Canceling parenting time without agreement
• Returning the child late without a valid reason
• Preventing phone calls or contact with the child

Even occasional violations can create problems, especially if they happen repeatedly.

Can You Take Legal Action if Your Ex Violates the Parenting Plan?

Illinois law allows you to ask the court to enforce the parenting time order. Under 750 ILCS 5/607.5, the court can take action if a parent intentionally violates the schedule.

You may file a motion to enforce parenting time with the court that issued the order. This tells the judge that the order is not being followed and asks for help correcting the situation. The court will review the evidence and decide whether a violation occurred. If the judge finds that the order was violated, the court can take steps to enforce the schedule and help restore your parenting time.

What Can the Court Do if a Parent Violates Parenting Time?

Illinois courts take parenting time violations seriously. The judge may issue orders to correct the problem and prevent future violations.

Possible court actions may include:

• Ordering makeup parenting time
• Requiring the violating parent to follow the schedule strictly
• Ordering the violating parent to pay attorney fees or court costs
• Modifying the parenting plan in serious cases

The court’s goal is to protect the child’s best interests and ensure both parents follow the law.

What Evidence Do You Need to Prove That a Parent Is Violating a Custody Order?

Documentation is important when enforcing a parenting time order. Courts rely on clear evidence to understand what happened.

Helpful evidence may include text messages, emails, missed exchange records, and written notes showing dates and times of violations. Keeping organized records can help support your case and show a pattern of behavior.

Can Parenting Time Violations Affect Custody in Illinois?

Repeated violations may affect custody decisions. Under 750 ILCS 5/602.7, courts consider each parent’s willingness to support the child’s relationship with the other parent.

If one parent repeatedly interferes with parenting time, the court may modify the parenting plan to protect the child’s stability.

When Should You Go to Court for Parenting Time Violations in Illinois?

In some cases, parents can resolve misunderstandings through communication. However, repeated violations often require legal action.

Filing a motion with the court allows a judge to enforce the order and protect your parenting time. Taking action early can help prevent ongoing problems.

How Can a Lawyer Help Enforce Parenting Time Orders?

An attorney can assist you with preparing and filing the correct court paperwork, collecting important documentation, and speaking on your behalf during court proceedings. This guidance helps make sure your rights are protected and that your concerns are clearly presented to the judge.

Disputes over parenting time can be stressful and deeply personal. Having legal support allows you to focus on maintaining your bond with your child while your case is handled properly.

Schedule a Free Consultation With Our Kane County, IL Parental Responsibilities Attorneys

Parenting time violations can be frustrating and painful, especially when they affect your time with your child. At Serrano Hanson & Hurtado, LLC, we help parents enforce court orders and protect their parental rights. We work to hold the other parent accountable and help restore a stable schedule for your family.

If your ex is violating your parenting time order, contact our Geneva, IL child custody lawyers today by calling 630-844-8781. We are here to help you protect your rights and your relationship with your child.

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