Once you and the other parent have a parenting plan, both parents must follow it. The plan can be a written agreement between both parents or it can be a court order. If one parent is not following the plan, the other parent can take steps to enforce it.
If you do not have a parenting plan yet, review the Make a plan for how to co-parent page.
On this page, “parent” refers to both parents and guardians.
Need to know
- All parents should review their parenting plan to know what their responsibilities are and what time they have with the child.
- You have options for enforcing the parenting plan and resolving issues with the other parent without going to court.
- If necessary, you can get a court order to enforce the parenting plan.
- The court can change the parenting plan or penalize the parent who isn’t following it.
Get started
Learn the basics about being a parent or guardian and family courts and laws before you enforce your parenting plan.
Next, review your parenting plan, whether it’s in a written agreement or court order.
Think about the following:
- What does the plan say about who has parenting time and decision-making authority?
- How is the other parent not following the plan?
- What does the plan say about how to resolve disputes?
Communicate with the other parent
Communication can go a long way in preventing and resolving conflicts. The other parent may not be aware they weren’t following the parenting plan, also known as breaching the plan. Maybe they hadn’t looked at the plan recently. Or maybe they want to change the plan.
If you feel safe interacting with the other parent, try communicating with them. It is best to communicate in writing so you have proof of who said what. If you talk with the other parent in person or on the phone, follow up in writing to summarize what you each said.
For tips on how to talk with the other parent to resolve disputes, visit the How to communicate with the other person page.
How to communicate in writing
- Send a text, email or letter. Download a sample note and use it as a template to help you write your. Note what the agreement or order says and how the other parent is not following it. Keep a record of your communication with the other parent.
- If the other parent responds, you can work together to figure out how you can follow the agreement or order, or if it needs to change.
- If the other parent does not respond or continues to not follow the plan, keep reading to learn about your other options for enforcing it.
Work with a professional
Lawyers, mediators, arbitrators and parenting experts like parenting coordinators and counsellors can help parents resolve issues about parenting without going to court. They can advise you on your rights and responsibilities and help you better understand each other.
Learn more about who can help and how on the Ways to resolve disputes page.
Go to court
If your parenting plan is only a written agreement, you will first need to go to court to get a parenting order. Once the plan is in an order, the court can enforce it
You and the other parent may agree to ask the court for a parenting consent order that includes your written agreement. Once the plan is in an order, the court can enforce it.
If the other parent does not agree to a consent order, you can apply to court for a parenting order. You will have to give notice of your court date to the other parent. After reviewing all the evidence, the court can make a parenting order that is similar to or different from your written agreement.
If you already have a parenting order, you can go back to court for help enforcing it.
To enforce a court order, the court can:
- order the other parent to meet their obligations under the order
- change the parenting plan
- change who has decision-making authority. For example, the court may grant one guardian more decision-making authority to allow them to make decisions without the other parent.
- order the other parent to compensate you financially. For example, the court can order the parent who breached the order to pay you costscosts Money the more successful party in a court proceeding can ask the justice to order the less successful party to pay. Costs reimburse the more successful party for having to go through the court process to get a resolution..
Learn more about getting or changing a parenting order on the Get or respond to a court order page.
If you want to change your parenting arrangement
It is not a good idea to informally agree to a different arrangement than what’s stated in a parenting order. If the other parent does not follow the new arrangement, the court cannot enforce it without an updated court order. If you want to change what’s in the order, and you both agree on those changes, then you can ask the court to grant a consent order.
Potential issues
You want the other parent to have supervised parenting time.
You can ask the court for a supervised parenting order if you believe it is in the child’s best interests to do so.
The plan or order is no longer in the child’s best interest.
You and the other parent can make a new parenting plan, or you can ask the court to change your parenting order.