What Can I Do if My Ex Is Not Following Our Parenting Plan in Illinois?

 Posted on August 10, 2026 in Family Law

After a divorce, a parenting plan is meant to give both parents clear rules for raising their child. However, problems can arise when one parent stops following those terms.

If your ex keeps violating your parenting plan in 2026, you should file a motion to ask the court to enforce it. Our DuPage County, IL family law attorney can explain what you can do to protect your rights and your time with your child.

The appropriate enforcement procedure may depend on which provision of the parenting plan has been violated. Illinois law provides a specific expedited procedure under Section 607.5 for violations involving allocated parenting time

What Steps Can I Take if My Ex Is Not Following Our Parenting Plan in Illinois?

Start by reviewing your parenting plan to make sure you understand what it requires. A disagreement between parents does not always mean that someone has violated the court order.

If your ex is clearly breaking the plan, keep records of what happened. It can help to save relevant texts and emails and make notes of dates and missed parenting time. For example, if the other parent refuses to bring your child to a scheduled exchange, write down when and where the exchange was supposed to happen and what the other parent said.

According to 750 ILCS 5/607.5, a parent seeking enforcement of allocated parenting time must state that a reasonable attempt was made to resolve the dispute. Before seeking enforcement, you should ordinarily make a reasonable attempt to resolve the parenting-time dispute, while taking appropriate precautions if safety or domestic violence is a concern.

How Can a Parenting Plan Be Enforced in Illinois?

Illinois law provides an expedited process for enforcing parenting time. A parent can file a petition asking the court to enforce the existing parenting plan or allocation judgment.

The petition must explain the terms of the current order and how the other parent violated them. It should also include the dates and other details about what happened.

If the court finds by a preponderance of the evidence that a parent failed to comply with allocated parenting time, the court may impose one or more remedies consistent with the child's best interests, such as:

• Order make-up parenting time.
• Require the parent who violated the order to pay reasonable expenses caused by the violation.
• Add terms to the existing parenting time order.
• Order parental education or counseling in some cases.
• Find the parent in contempt of court.
• Order a civil fine for denied parenting time.

The statute also expressly permits a cash bond or other security to ensure future compliance, as well as any other provision that may promote the child's best interest.

Except for good cause shown, the court generally must order a parent who failed to provide or exercise allocated parenting time to pay the other party’s reasonable attorney’s fees, court costs, and related expenses.

What if My Ex Keeps Denying My Parenting Time in Illinois?

Repeated violations can affect a parent's relationship with their child and disrupt the child's normal routine. Illinois law allows a judge to order make-up parenting time when a parent has wrongfully been denied their scheduled time.

As an example, your parenting plan may give you certain holidays with your child, but if the other parent refuses to follow that schedule, the court can generally order make-up parenting time of the same type and duration as the time that was denied.

A judge may also find a parent in contempt for violating a parenting time order. This gives the court another way to enforce its order when a parent refuses to follow it.

Can I Stop Following the Parenting Plan in Illinois if My Ex Is Breaking It?

One parent's refusal to follow a court order does not cancel the other parent's duties. Under 750 ILCS 5/509, one party's failure to comply does not suspend the other party's duties involving support, maintenance, or parenting time.

A parent should not refuse scheduled parenting time because the other parent has failed to pay child support. Similarly, a parent also should not stop paying support because the other parent has denied parenting time.

Responding by breaking the order yourself can create another legal issue. Instead, you should go through the appropriate steps and ask the court to address the violation.

When Should a Parenting Plan Be Modified Instead of Enforced?

Enforcement may be appropriate when the parenting plan still works, but one parent refuses to follow it. Modification addresses a different issue. Depending on the provision being changed and the circumstances, Illinois law generally requires the court to consider whether circumstances have changed and whether modification is necessary to serve the child's best interests.

Suppose your parenting plan gives you parenting time every Wednesday evening, but your ex repeatedly refuses to make your child available, even though the schedule still works for both households. This may be an enforcement issue.

The situation changes if a parent's new work schedule makes Wednesday evenings impractical. In those types of cases, changing the parenting plan may be more useful than trying to enforce a schedule that no longer works for the family.

Contact a DuPage County Parenting Plan Attorney Today

When the other parent repeatedly ignores your parenting plan, you may need the court's help to address the problem. At Mirabella, Kincaid, Frederick & Mirabella, LLC, a Wheaton, IL family law lawyer can review your parenting plan and explain your options for enforcement or modification. MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb Counties. Call 630-665-7300 to schedule an initial attorney meeting.