A final parenting plan is part of a court decree, so a parent who does not follow it is disobeying a court order. Montana law gives the other parent several ways to respond: the dispute resolution process in the plan, contempt of court, a motion to amend, and in serious cases a report to law enforcement. It also sets one firm limit, which is that you may not answer a violation with one of your own. This page is part of our Montana Divorce Guide.
The First Rule: Your Own Obligations Continue
The final parenting plan statute says it in one sentence: "If a parent fails to comply with a provision of the parenting plan, the other parent's obligations under the parenting plan are not affected" (MCA § 40-4-234(6)).
In practice that means:
- If the other parent is late or misses time, you still make the child available for the next scheduled period.
- If the other parent is behind on support, you still follow the residential schedule.
- If you are being denied time, you still pay support as ordered.
Retaliation gives the other parent a claim against you and puts your child in the middle. The exception is real danger to a child, addressed below.
Support is enforced on its own track. If a person obligated to pay support fails to pay as ordered, the person owed support may petition the district court for contempt (MCA § 40-5-601(2)). See child support enforcement in Montana and when your ex stops paying. Neither parent may use the child's time as leverage for money, or money as leverage for time.
Remedies Montana Law Provides
| Remedy | What the law says | MCA |
|---|---|---|
| Dispute resolution in the plan | Parents must make a good faith effort to resolve disagreements over shared decisions through the process their plan provides. | § 40-4-234(5) |
| Sanctions written into the plan | A plan may state the sanctions that apply if a parent fails to follow it, including contempt of court. | § 40-4-234(2)(g) |
| Contempt of court | Disobedience of a lawful court order is a contempt. To compel an act the person can perform, the court may order incarceration, a fine of up to $500, or both, until the act is done. | §§ 3-1-501(1)(e), 3-1-520 |
| Amending the plan | Willful and consistent denial or frustration of contact is a consideration on a motion to amend, and the court presumes that parent is not acting in the child's best interest. | § 40-4-219(1)(a)(iv), (3) |
| Criminal charges | Interference with parent-child contact and parenting interference are crimes prosecuted by the State. | §§ 45-5-631, 45-5-634 |
Start With the Plan Itself
Read your plan before doing anything else. A final plan may include the method by which future disputes will be resolved "other than court action" and the sanctions that apply for not following it (MCA § 40-4-234(2)(g), (i)). If your plan requires mediation or another step first, take it. A parent who moves to amend a plan without a good faith effort to comply with it or with its dispute resolution provisions is presumed to be acting vexatiously (MCA § 40-4-212(4)(b)).
Keep a simple, factual record as you go: dates, times, what the plan required, what happened, and any messages. Write to the other parent calmly and in a way you would be comfortable having a judge read. See dispute resolution clauses.
Contempt of Court
"Disobedience of any lawful judgment, order, or process of the court" is a contempt (MCA § 3-1-501(1)(e)). Contempt can be civil or criminal. It is civil when the sanction seeks to force compliance with a court order, and criminal when the purpose is to punish a specific act and vindicate the court's authority (MCA § 3-1-501(4)).
When the sanction is meant to compel a person to perform an act that is within that person's power, the person may be incarcerated, fined an amount not to exceed $500, or both, until the act is performed (MCA § 3-1-520). Our page on contempt in family court explains the procedure.
The parenting plan statutes cited on this page do not mention make-up parenting time by name. A plan may provide for it among its sanctions, and a parent can ask for it. Whether a court orders it in a particular case is not something the statute answers.
Asking the Court to Amend the Plan
A pattern of violations can be grounds to change the plan. On a motion to amend, the court considers whether one parent has "willfully and consistently" refused to allow the child to have any contact with the other parent, or attempted to frustrate or deny contact (MCA § 40-4-219(1)(a)(iv)). If so, the court "shall presume" that parent is not acting in the child's best interest (MCA § 40-4-219(3)).
The words "willfully and consistently" matter. One missed weekend or a single late exchange does not fit that description. The full test is in amending a parenting plan.
When a Violation Is a Crime
Two criminal statutes are aimed at parenting orders. Charging decisions belong to the county attorney, not to either parent.
- Interference with parent-child contact (MCA § 45-5-631). A person who has been granted parent-child contact under a parenting plan commits this offense by knowingly or purposely preventing, obstructing, or frustrating the rights of another person entitled to contact under an existing court order. The penalty is a fine of up to $500, up to 5 days in county jail, or both.
- Parenting interference (MCA § 45-5-634). A person commits this offense if, knowing they have no legal right to do so, they take, entice, or withhold a child from the other parent when the action manifests a purpose to substantially deprive that parent of parenting rights. It applies both before a court order exists and between two people who have parenting authority under an order. The penalty is up to 10 years in state prison, a fine of up to $50,000, or both.
For a first alleged offense of parenting interference only, a person who has not left Montana does not commit the offense if they voluntarily return the child before arraignment, and a person who has left the state does not commit it if they voluntarily return the child before arrest (MCA § 45-5-634(3)).
If Your Child Is in Danger
None of this requires you to hand a child into immediate danger. If you or your child are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. Then get the court involved quickly rather than simply stopping the schedule on your own. A parent may ask for an emergency interim order on an affidavit showing that an emergency in the child's present environment endangers the child's physical, mental, or emotional health and that an immediate change is necessary (MCA § 40-4-220(2)(a)(ii)). Our Montana Domestic Violence Guide explains orders of protection.
A&M Law represents parents in enforcement and amendment proceedings. See our parenting plan practice page.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.