Idaho Parenting Plan Enforcement Guide
You finally have a court-approved parenting plan in hand. It lays out when you see your kids, how exchanges work, and how holidays are split. But then reality hits: missed pickups, last-minute cancellations, and unanswered messages. When one parent refuses to follow the plan, Idaho law gives you powerful tools to restore order and accountability.
Every Idaho parenting plan is legally binding. It’s not just a suggestion or a handshake agreement. When the other parent ignores it by withholding visits, changing schedules unilaterally, or using your child as a go-between, they’re not only violating your rights but also disrupting your child’s stability.
Courts know this happens far too often, which is why Idaho created a streamlined enforcement process. You don’t need to start a new lawsuit or spend months in court. You can file a Petition to Enforce Parenting Time and get a hearing within weeks.
The Parenting Time Enforcement Petition
Idaho Rule of Family Law Procedure 816 is tailor-made for this problem. It’s quick, efficient, and designed for parents who want the court to restore the existing order.
Here’s how it plays out in practice: once you file your verified petition detailing exactly how the order was violated, the court will schedule a hearing within 28 days and usually issue a decision within 42 days. In most cases, the judge can decide based on written affidavits and arguments, avoiding lengthy testimony.
The petition must point to the specific paragraph in your parenting plan that was violated and describe exactly what happened, including dates, missed exchanges, and your attempts to resolve it. Judges move quickly when the facts are clear and the violations are well-documented.
At the hearing, the court can do more than lecture the other parent. Remedies can include:
- Make-up parenting time to compensate for lost visits.
- Clarification of confusing language about exchanges or holidays.
- Fee awards or sanctions if one parent is acting in bad faith.
- Temporary modifications to prevent ongoing disruptions.
Filing for Contempt
Sometimes, though, quick fixes aren’t sufficient. If the other parent’s behavior is intentional and persistent, it might amount to contempt of court. This approach is more serious because contempt requires demonstrating that the violation was deliberate and that they were aware of the order and chose to ignore it.
Idaho Code § 7-610 allows courts to impose fines, order make-up time, and in severe cases, even jail for repeated defiance. Judges rarely go that far, but the threat alone often gets results. Contempt can also lead to the violating parent paying your attorney fees and costs, since you wouldn’t have needed court involvement if they had followed the order.
Contempt isn’t about punishing parents; it’s about protecting the child’s routine. Judges view stable, predictable parenting time as fundamental to a child’s emotional health, and they act decisively when that stability is being undermined.
When Safety or Abduction Is a Risk
Occasionally, non-cooperation crosses into something far more serious. If a parent threatens to take the child out of state, hides them, or refuses to return them, Idaho’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides emergency tools.
You can request an expedited enforcement order or, in extreme cases, a warrant to take physical custody of your child. These orders authorize law enforcement to intervene immediately, with a court hearing typically held the next judicial day.
In the most serious situations, a parent could face criminal charges for custodial interference under Idaho law. Most disputes never reach that point, but it’s important to know the legal system can protect your child if necessary.
Importance of Documentation
No matter which path you take, enforcement or contempt, success depends on the evidence. Courts move faster when your facts are organized and undeniable.
Keep a parenting time log noting every violation: missed exchanges, late pickups, texts, and emails. Screenshot messages and save them in order. If you use a parenting app (like OurFamilyWizard or TalkingParents), those records are automatically time-stamped and admissible.
When you file, your lawyer will likely attach these exhibits to your petition or affidavit. The clearer your documentation, the less room there is for “he said, she said” arguments.
Choosing the Right Tool for Your Situation
So, which is better, enforcement or contempt? Think of enforcement as the “reset” button and contempt as the “warning shot.”
If your co-parent occasionally slips up or misreads the order, start with enforcement. The court can quickly correct the problem, clarify expectations, and get things back on track.
But if the violations are chronic and intentional, contempt adds real consequences. The goal isn’t revenge; it’s deterrence. Once the other parent knows the court is watching and that there’s a financial or legal penalty attached, cooperation often follows.
What to Expect in Idaho Court
Enforcement hearings are usually brief and to the point. You’ll have the opportunity to explain the violations, provide documentation, and propose reasonable solutions. Judges aim to resolve the issue quickly rather than re-litigate the entire custody dispute.
If you choose to proceed with contempt, expect a more formal hearing. The court will assess whether the violation was intentional and may impose fines, order make-up time, or require payment of legal fees. In either case, you will leave with a clear understanding that parenting plans are mandatory.
When a co-parent refuses to cooperate, doing nothing isn’t an option. The longer the behavior goes unaddressed, the more it becomes normalized and the more difficult it is to resolve. Idaho’s laws are designed to provide parents like you with prompt, effective relief so that your children don’t suffer from adult conflicts.
At Anthon Law, we frequently handle enforcement and contempt actions. We assist you in gathering the necessary documentation, selecting the appropriate filing process, and restoring the parenting plan your family relies on.
Ready for Professional Help?
If you’re frustrated with ongoing violations or require assistance enforcing your custody order, contact Brett. He will evaluate your case, clarify your options, and provide a detailed plan to help restore your parenting schedule.
You can also schedule a consultation with Anthon Law or visit our Child Custody page for more information on safeguarding your rights.
