6. Enforcement of Parenting Time
A. Contempt Sanctions. Court orders regarding parenting time must be
followed by both parents. Unjustified violations of any of the provisions contained in the order may subject the offender to contempt sanctions. These sanctions may include fine, imprisonment, and/or community service.
B. Injunctive Relief. Under Indiana law, a noncustodial parent who
regularly pays support and is barred from parenting time by the custodial parent may file an application for an injunction to enforce parenting time under Ind. Code § 31-17-4-4.
C. Criminal Penalties. Interference with custody or visitation rights may
be a crime. Ind. Code § 35-42-3-4.
D. Attorney Fees. In any court action to enforce an order granting or
denying parenting time, a court may award reasonable attorney fees and expenses of litigation. A court may consider whether the parent seeking attorney fees substantially prevailed and whether the parent violating the order did so knowingly or intentionally. A court can also award attorney fees and expenses against a parent who pursues a frivolous or vexatious court action.
Amended Sep. 10, 2007, effective Jan. 1, 2008; amended effective March 28, 2008.
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