Table of Contents
By Lisa Gelman
Trying to navigate the world of co-parenting can be challenging – especially if you and your former spouse or common-law partner are not on good terms. Sometimes, one parent will make it especially difficult for the other parent to have their parenting time due to personal anger or upset about the separation. If you are being denied appropriate parenting time, here are some helpful tips for things you could be doing to try to address the issue and what you need to know about making sure you get to spend time with your children.
Review Your Separation Agreement
If you have a Separation Agreement or Court Order, you should ensure you are familiar with what the document states. A Separation Agreement or Court Order will outline a parenting time schedule for your child(ren) as well as who has decision-making authority. Being familiar with this document and what your rights with respect to parenting time are (as outlined in the document) can help navigate your situation of being denied parenting time.
Talk to Your Lawyer
When you were negotiating the terms of your Separation Agreement, you probably had a Family Lawyer advise you on your rights, who was looking out for your best interests and the best interests of your children. If you are being denied parenting time, talking with your Lawyer is a great place to start, as they will have the legal knowledge to help you determine the next steps.
If your former spouse or common-law partner is sending you text messages or emails resulting in you being denied parenting time, keep a record. If things between the two of you are not going well, start documenting all interactions and conversations. This could be incredibly helpful for your legal team to build a case on your behalf. In addition, having proof of what is going on will be more helpful than just telling your lawyer you are not getting your fair share of parenting time, as some parents may claim they are not getting enough parenting time just to be spiteful.
Explore Alternative Dispute Resolution Options
For some matters, staying outside of the Court process can be more beneficial to both parties and their children. Alternative Dispute Resolution includes mediation, negotiation, and arbitration. Staying outside of the Court process may help you maintain a cooperative co-parenting relationship rather than experiencing all of the trying emotions the Court process can bring.
Think About Your Children
Even if your former spouse or common-law partner is not following the exact rules of the Separation Agreement or Court Order, you will want to make sure any action you take is in the best interests of your child(ren). Suppose you are proceeding with legal action. In that case, you may want to consider how this will impact your child(ren) and how they may feel about their parents going through further legal processes – especially if there was already a long, drawn-out Court process.
Contact Gelman & Associates Today
If you are being denied parenting time, you have a right to pursuant to a Separation Agreement or Court Order, you should talk to your Family Lawyer about your options. Contact Gelman & Associates today to get started.