What Can I Do If the Other Parent Doesn’t Return My Child to Me on Time?

Let’s say you share parenting time with your child’s other parent.  It can be that you split this time 50/50, or it can be that one parent has primary physical custody and the other parent has a set schedule for their parenting time.  Either way, you both have your designated times that you get to spend with your child.  So what happens if the other parent doesn’t adhere to the schedule and you’re left waiting?

This situation is often referred to as parenting time interference. Depending on how significant the interference is, you may do nothing, go to court, or even report your ex for kidnapping. An experienced Boston child custody lawyer can help you weigh your options and determine the best action.

At Infinity Law Group, we fiercely advocate for our clients and their rights as parents. We are also realistic about the realities of sharing custody and help our clients make decisions that are in their best interests and the best interests of their children. Reach out to our law offices today to schedule a free consultation with a member of our legal team.

What Is Parenting Time Interference?

Massachusetts law and court orders govern a parent’s rights to custody and parenting time. Sometimes called visitation, parenting time gives a parent the opportunity to spend time with their child when they do not have primary or shared physical custody. A parenting schedule may be established by agreement between the parents or ordered by the court.

“Parenting time interference” describes conduct by one parent that improperly prevents, disrupts, or limits the other parent’s court-ordered time with the child. Examples may include:

• Refusing to make a child available for scheduled parenting time
• Repeatedly returning a child late
• Picking up a child substantially later than the scheduled time
• Keeping a child beyond the ordered return time without permission
• Cancelling parenting time without a legitimate reason
• Refusing to follow the holiday or vacation schedule
• Interfering with scheduled phone or video contact when the order provides for it
• Making repeated unilateral changes to the parenting schedule
• Encouraging or pressuring a child to reject the other parent
• Moving or traveling with a child in a way that violates the custody order

Not every scheduling disagreement is necessarily parenting time interference. In these cases, the exact language of the existing custody or parenting time order matters. A parent who is occasionally 15 or 20 minutes late because of an unforeseen problem is different from a parent who consistently ignores the schedule or intentionally keeps a child away from the other parent.

The appropriate response to parenting time interference depends heavily on whether the problem is an occasional delay, a repeated pattern, or a situation in which you are genuinely concerned that your child will not be returned at all. If you find yourself in this situation, our Boston family law attorneys will listen to your story and help you decide how to move forward.

What Are My Options If My Co-Parent Interferes with My Parenting Time?

In Massachusetts, there are two types of custody: physical and legal. A parent who does not have primary or shared physical custody may be awarded what is known as parenting time. It may also be referred to as visitation. Parenting time allows a parent without physical custody to spend time with their child(ren), such as every other weekend and/or some evenings after school.

Parenting time and custody arrangements are typically decided on by agreement of the parties or by a court. However, issues often arise when one parent is late returning the kids to the other parent – which can significantly cut into the amount of time that you spend with your kids each week. What are your options when this occurs?

The answer depends on the severity of the lateness.  If we’re talking about being a half hour late or even a few hours late, then it would depend on how often this happens.  If it always happens and you’re always left waiting for the other parent to be on time, you might consider altering your parenting schedules to either make sure the other parent can make it on time, or you can swap the responsibility of who does the pickup and drop off, or in the final alternative, have some sort of system set up where if either parent is late, then after 15 mins, you can leave.  There are a lot of rewards and punishment systems that courts and family law attorneys have set up over time to encourage late parents to try to be on time.  The last alternative is to go to court to reduce parenting time altogether.

If the lateness is not simply a matter of half an hour to an hour, but you’re worried that the other parent might NEVER return the child, then it is time to take action to protect your child.  If a non-custodial parent doesn’t return a child to the primary parent, it is considered kidnapping.  If you have an attorney, you should contact your attorney.  If the attorney is unavailable, then you need to make a judgment call and perhaps call the police to report a kidnapping.  Police departments across the state and country now have integrated Amber Alert systems to help track down children across state lines.  If you truly believe that this is what has happened, then calling the police is the best course of action.

It is important to remember that sometimes, life happens. Perhaps there was a traffic jam, or a kid had a meltdown about getting ready to leave. For relatively minor issues, it may not be worth your emotional energy – or money – to go to court over 15 – 20 minutes every so often. You may be able to talk to your ex informally about complying with the custody order or ways that you can adjust it informally to ensure that your kids are back on time.

However, if the lateness has become a pattern – or if it is obvious that it is intentional – then you may want or need to go to court. A seasoned Boston child custody lawyer can walk you through your options, which may include having your custody arrangement modified. If there is a concern that your co-parent might not return your kids, then pursuing criminal charges may make sense.

When Can You File a Contempt Motion?

If a parent violates a clear requirement contained in a Massachusetts court order related to parenting time, you may consider filing a Complaint for Contempt. This is a civil proceeding that can be used to enforce compliance with a court order.

A civil contempt proceeding begins by filing a complaint for contempt with the appropriate court. The complaint must identify the order that has been violated and provide a concise statement of the facts. For child custody issues, it should also include a Child Care of Custody Disclosure Affidavit.

If a parent repeatedly violates a provision of the custody judgment or parenting order, then it may be necessary to file a Complaint for Contempt. For example, consider a situation where a court order provides that parenting time ends at 6:00 p.m. every Sunday, but the other parent consistently keeps the child until 9:00 p.m. without your agreement or a legitimate emergency. In this case, you may have grounds to ask the court to enforce the existing custody order.

A contempt proceeding is different from asking the court to create a new parenting schedule. Generally, the purpose of a contempt proceeding is to get the other parent to comply with the court order. A court may also order make-up parenting time.

In some circumstances, a court may modify the parenting plan or change custody to discourage future violations as part of a contempt proceeding. Otherwise, you may need to seek a modification of your parenting schedule if the current plan is no longer practical or appropriate. Our Boston child custody lawyers can help you determine whether the facts of your case support a request for contempt, modification, and/or another legal response.

What Evidence Should You Document?

If the other parent is regularly interfering with your parenting time, you should start documenting the incidents as soon as possible. A simple calendar or journal can be valuable. For each incident, record:

• The date of the scheduled parenting time
• The scheduled pickup and return times
• The actual pickup and return times
• Whether the visit occurred
• How much time was missed
• The reason given by the other parent
• Text messages or emails concerning the incident
• Any attempts you made to resolve the problem
• Names of people who witnessed an exchange
• Any expenses caused by the missed or delayed parenting time

You should also save relevant communications rather than relying solely on your recollection. Text messages, emails, voicemail messages, coparenting app messages, photographs, calendar records, and other contemporaneous documentation may help to establish a pattern.

It is also important to document all relevant incidents rather than only the incidents that make the other parent look bad. If you agreed to change a particular weekend or the other parent had a legitimate emergency, keep a record of that, too. A detailed and objective record is generally more persuasive than a collection of accusations.

How Repeated Violations Can Affect a Custody Case

A single late return may not have much significance in a custody proceeding. However, an ongoing pattern of parenting time interference can be much more important. If one parent repeatedly refuses to follow the parenting schedule, that conduct may become relevant if either parent later seeks to modify custody or parenting time.

The court may consider the circumstances surrounding the violations. This may include whether the violations were intentional, how frequently they occurred, whether the parent had legitimate reasons for the violations, and whether the conduct is affecting the child’s relationship with either parent. 

Repeated interference may also raise questions about whether the existing parenting arrangement is working effectively. For example, a parent who consistently interferes with scheduled parenting time may make it difficult for the child to maintain a stable and meaningful relationship with the other parent. If the existing schedule is no longer in the child’s best interests, a court may need to consider whether changes are appropriate.

This does not mean that every late pickup or missed visit will automatically result in a custody change. The court’s focus will remain on the child’s best interests and the specific circumstances of the case.

Reach Out to Infinity Law Group

Sharing custody with a former spouse or romantic partner can be challenging under the best of circumstances. Even in an amicable breakup, you may not always agree about what is best for your kids. It can also be frustrating to deal with things like your ex not bringing the kids back on time – or even scary, in some situations.

If you are dealing with parenting time interference or related child custody issues, Infinity Law Group can help. We have substantial experience dealing with all types of custody disputes. Speak with an attorney if you have issues with your parenting schedule or time.  Call us at 617-250-8236 or fill out our online contact form to schedule a free phone consultation.

Related:

What Documents Do You Need to Modify Child Support in Massachusetts?