Legal Question in Family Law in Minnesota

There are a variety of ways to address noncompliance with a visitation order ranging from trying to reach an agreement with the noncompliant parent, either directly or through counsel, to filing a contempt action, to filing an expedited petition for enforcement. In determining which strategy may be most effective in your case, a first step typically involves looking at the custody and parenting time decree to determine if there are any mechanisms for dispute resolution or other requirements before seeking assistance from the court. In many cases, filing an expedited petition for enforcement is a good option to obtain compliance.

Under Minnesota law, a petition for enforcement can be filed under our Uniform Child-Custody Jurisdiction and Enforcement Act. Upon the filing of the petition, the court must issue an order directing the noncompliant party to appear in person on the next judicial day for a hearing, if possible. The order may specify whether the party should appear with or without the child. Most states have adopted a version of the Uniform Child-Custody Jurisdiction and Enforcement Act, which would offer a similar process for enforcing your parenting time rights. Through this process, the court can order compliance with the parenting time order, make-up parenting time, and can impose attorney's fees and costs on the noncompliant party.

The options specific to your case, including where to file for enforcement, will depend upon where your child is located and where the custody and parenting time order was issued.