What Can I Do If My Ex Refuses to Exercise Their Parenting Time in Illinois?

April 21st, 2025 by Tiffany Hughes

Divorce and parentage cases can be emotionally challenging, especially when children are involved. In an ideal scenario, both parents would adhere to their agreed-upon or court ordered parenting schedule to ensure a stable and healthy environment for their children. However, sometimes, one parent may fail to exercise their parenting time as outlined in the custody agreement. If you find yourself in a custody battle or in litigation to enforce parenting time in Illinois, it’s essential to understand your options and rights under the law.

What is Parenting Time?

In Illinois, what was formerly known as “visitation” is now referred to as “parenting time.” Visitation or parenting time encompasses the court ordered parenting schedule and arrangements for each parent’s time with their children after a custody battle in a divorce or parentage case. The court ordered parenting schedule is typically outlined in a custody agreement approved by the court. If you and your ex don’t have a court ordered parenting schedule, there isn’t a legal obligation to exercise parenting time. However, you can change that by entering a court ordered parenting schedule and enforcing parenting time through the court.

Before taking any legal action to enforce parenting time, it’s crucial to determine why your ex is refusing to exercise their parenting time. Communication is key in resolving conflicts related to co-parenting. Sometimes, there may be legitimate reasons for missed visits, such as illness or work obligations. Open dialogue can help clarify concerns and find solutions.

How and When Should I Involve a Lawyer?

If communication fails to resolve the issue, you may need to explore legal options for enforcing parenting time. In Illinois, if your ex repeatedly refuses to exercise their visitation or parenting time without valid reasons, you have the right to involve a lawyer and seek enforcement through the court system.

1. Document Everything: Keep detailed records of missed visitation, any attempts by your ex to unilaterally change the court ordered parenting schedule, communication attempts, and any reasons provided by your ex for their absence. Documentation can strengthen your case if legal action becomes necessary.
2. Mediation: Before resorting to litigation, consider attending mediation on your co-parenting issues. A mediator can help facilitate a constructive dialogue between you and your ex, with the goal of reaching a mutually acceptable resolution.
3. Motion to Enforce Parenting Time: If mediation fails or is not feasible, you can file a motion with the court to enforce the parenting time provisions of your custody agreement. In your Motion to Enforce Parenting Time, present your documented evidence of missed visits and any relevant communication.
4. Modification of Parenting Plan: In some situations, it may be necessary to modify the parenting plan to better reflect the current circumstances and address any ongoing issues. A modification may be warranted if your ex consistently fails to exercise their parenting time despite efforts to enforce parenting time.

When a co-parent consistently refuses to exercise their parenting time, it can create frustration and uncertainty for both parents and children. In Illinois, there are legal avenues available to address co-parenting issues and ensure compliance with the custody agreement. Through effective communication, mediation, and, if necessary, legal action, you can work towards a resolution that prioritizes the best interests of your children. Remember, seeking the guidance of a qualified attorney can help you navigate your custody battle with clarity and confidence.

Need More Information or Representation?

If you are looking for legal representation in your custody battle or need help enforcing your custody agreement, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone starting a parentage case, engaging in a custody battle, seeking a custody agreement or court ordered parenting schedule, enforcing parenting time, navigating visitation and co-parenting, or anyone wanting help negotiating settlement in mediation.

      About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.