When a couple who has children separates, ideally, the parties can agree on a parenting schedule that is the best interest of the children. However, sometimes, one party does not allow the other party to have parenting time with the children. The course of action for the party who is not being allowed to have parenting time with the children depends on whether the Court has previously entered Orders with respect to a parenting schedule.

When the Court has previously entered Orders with respect to a parenting schedule and those orders are not being complied with, the proper course of action is to file a Complaint for Contempt and ask the Court to enforce the prior Orders, enter make up parenting time, order the non-complying party to pay the other party’s reasonable attorney’s fees and costs among other remedies available. For a more in depth look at the Contempt process, please read our previous blog, Complaint for Contempt: An Overview of Contempt Actions in Massachusetts Probate and Family Court.

When the parties haven’t been to Court yet, it is important that the party who is not being allowed to have parenting time with the children file either a Complaint for Divorce (if the parties are married) or a Complaint for Custody, Support, and Parenting Time (if the parties were never married) and a Motion for Temporary Orders. The Massachusetts Probate Family Court has the authority to issue temporary orders with respect to child custody, parenting schedules, and child support. The most important consideration for the Court when entering child related orders is the best interest of the minor children.

If you are having issues with being able to have parenting time with your children, it is important that you have an advocate in court. For exceptional assistance, contact the knowledgeable and experienced attorneys at Karpenski & Schmelkin Divorce & Family Law Attorneys.