Q: Does COVID-19 give ex the right to with hold makeup parenting time?
We have a parenting agreement that states any/all parenting time missed has to be made up within 90 days. Ex is claiming due to child having COVID-19 (which was the cause of missing the time) she does not have to comply with the order to make up this time. The courts told me there is no current amendment in place that would supersede our parenting order and she must comply or she will be held in contempt. Can she refuse makeup time or will she be held in contempt for doing so?
A: No, your ex cannot refuse makeup time with the child. There is a court order in place that directs any missed time to be made up within 90 days regardless of the cause of the childing missing the parenting time, it needs to be made up within the 90 days. If your ex does not comply with the make up time provision of the parenting order, then she may be held in contempt of court for violating the custody order. A court has fairly wide discretion in ordering sanctions, including assessing fees, changing the parenting plan, and awarding attorney fees incurred in filing the motion for sanctions.
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