I believe that the other parent is harming the children during his/her parenting time. Can I just refuse to follow the court order to protect the children?
Minnesota law provides for emergency circumstances involving physical abuse or harm to a child through an Order for Protection. An Order for Protection is a remedy in cases where physical abuse, harm or neglect of a child is occurring or recent and emergency steps must be taken to protect the child. In some cases, current or recent physical abuse, harm or neglect is either not occurring or does not rise to the level of proof necessary to seek an emergency order. A parent may be concerned about the other parent’s neglectful behavior pattern with the children or claim that the other parent is emotionally abusing the children. These are concerns and claims that are harder to prove than physical abuse but may provide a basis for modification of an existing court order based upon endangerment. I have found that the key to non-emergency modification of custody and parenting time cases starts with an evaluation of the case and a candid discussion with a client to determine whether the endange
Related Questions
- Can a parent who has custody use this enforcement process if the other parent does not follow a parenting time court order?
- My ex is not complying with the court ordered parenting time schedule. As a non-residential parent, what can I do?
- Does the Court take into consideration the amount of time each parent spends with the children?
