Executive Summary:
Summer parenting plans are meant to offer clarity and structure during a busy and emotional time of year. But when one parent refuses to follow the agreement, things can get complicated—fast. Whether you’re dealing with missed drop-offs, unauthorized schedule changes, or withheld time with your children, you don’t have to tolerate it. Learn what to do when your ex violates the summer parenting plan, your legal options, and how parenting plan violations can impact child custody in Colorado.
Understanding Your Colorado Parenting Plan
In Colorado, a parenting plan outlines how parents will share responsibilities and parenting time after separation or divorce. This legally binding agreement typically includes schedules for regular time, holidays, and summer breaks, as well as decision-making responsibilities for each parent.
The parenting plan is part of your court order. That means both parents are legally obligated to follow it, whether it’s convenient or not. When one parent refuses to follow the summer parenting plan, they are violating a court order, and you have the right to seek enforcement through legal channels.
Before taking action, it’s important to review the existing parenting plan and confirm that your ex is, in fact, in violation. Misunderstandings around dates or travel plans can happen, so it’s always a good idea to clarify details first.
Common Summer Parenting Plan Violations
Summer brings added complexity to co-parenting, especially when school is out and travel is common. Some of the most frequent parenting plan violations in Colorado during summer include:
- Refusing to exchange the children at the agreed-upon time or location
- Withholding parenting time entirely or shortening your court-ordered time
- Taking the children on vacation without required notice or approval
- Scheduling camps or activities during your parenting time without permission
- Last-minute changes that disrupt the agreed-upon schedule
- Not informing the other parent of out-of-state or overnight travel
If these behaviors happen repeatedly or without justification, they are not only frustrating, but they can also be grounds for court intervention.
Can My Ex Legally Change the Summer Parenting Schedule?
In short: not without your consent or court approval. Any changes to the parenting plan must either be:
- Mutually agreed upon by both parents in writing, or
- Formally modified through the court
Even if your ex believes they have a good reason, like a work conflict or a spontaneous vacation, they cannot unilaterally change the schedule if it’s not permitted under your existing court order. If both parents agree to a temporary summer adjustment, that’s fine, but if you don’t agree, your ex cannot force a change.
Legal modifications to parenting plans in Colorado require filing a motion and receiving approval from a judge. That process takes time, so unless a modification has been granted, the original plan stands.
Legal Remedies When Your Ex Violates the Parenting Plan
When your ex repeatedly violates the parenting plan, it’s important to act. Colorado courts offer several legal remedies, including:
- Motion to Enforce Parenting Time: This asks the court to enforce the parenting plan and may include make-up time for missed visits.
- Motion for Contempt of Court: This is used when a parent willfully violates a court order. Penalties can include fines, legal fees, or even jail time.
- Request for Modification: If violations are ongoing, you may be able to request a modification of the parenting plan or custody arrangement.
To strengthen your case, document every violation. This includes missed exchanges, communication attempts, and any negative impact on your children. The more evidence you have, the more seriously the court will take your concerns.
How Parenting Plan Violations Affect Child Custody in Colorado
Violating a parenting plan isn’t just bad behavior; it can impact the court’s view of a parent’s fitness and credibility. If one parent consistently disrupts the child’s routine or refuses to follow the plan, the judge may reconsider:
- Parenting time allocations
- Decision-making authority
- Whether the violating parent is acting in the child’s best interests
In cases of severe or repeated violations, courts can reduce parenting time for the offending parent, adjust decision-making responsibilities, or require supervised visitation.
The court’s focus will always be on what’s best for the child, and that means honoring the parenting plan as ordered.
When to Contact a Family Law Attorney in Colorado
If you’re dealing with a co-parent who refuses to follow the summer parenting plan, it’s time to consult a family law attorney. The sooner you take action, the easier it is to protect your rights and maintain stability for your child.
At Colorado Legal Group, we help parents across Denver and Colorado Springs enforce parenting plans, hold non-compliant co-parents accountable, and—when needed—seek modifications to custody orders that reflect the child’s best interests.
You don’t have to go through this alone. Let us advocate for you and your child every step of the way. Schedule a confidential consultation today to take the first step toward enforcing your parenting rights and restoring structure for your children.