Legal Question in Family Law in Montana

Re: What happens when one parent does not follow the parenting plan signed by th

Sounds like you need to haul her back to court on a motion to hold her in contempt which, at least in Montana, can include a threat of $500 for each act of contempt and/or 5 days in jail. And, in Montana, she has no right to refuse visitation even if you were not complying with tax and/or child support requirements. A parent who is not willing to share the child can, in some cases, then lose primary custody so, if it was in Montana, she potentially could have a lot to lose by acting this way. Have you reported any of your concerns to the local child welfare agency? If you think the child is not being cared for properly, sometimes it can be helpful to get them involved although generally I would not recommend that because then you have to deal with what can be a very invasive agency that can abuse its powers. In terms of the DUIs, she probably does not have either valid driver's license or insurance and here you could insist that she not drive with the child unless she is legal and if she cannot do that, could be yet one more reason to change primary custody. Good luck but unless she'll talk to you, your only real remedy is going back to court. Make sure you ask for attorney fees. Even if she's on welfare or whatever, if you get fees, you'll have a judgment against her that will or should be good for 10 years so you can then just wait til she does get a job, or execute on her tax refund, bank account, etc.. Seek legal advice in your area.