Montana Domestic Violence Guide

Exchanging Children Under a No Contact Order in Montana

Parenting time and a no contact order can both be honored, but only on terms a court has written down.

Written by

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: September 16, 2026

You can exchange children while a no contact order is in place only in the way the order, and every other order you are under, allows. If the order is silent about exchanges, it does not allow them by implication. The lawful route is to ask the court for explicit written terms and then follow them to the letter. This page explains why, and what to ask for. It is part of our Montana Domestic Violence Guide.

Start With What the Order Prohibits

A standing no contact order under MCA § 45-5-209 may prohibit the defendant from contacting the protected person "in person, by a third party, by telephone, by electronic communication," and in writing. The court may also impose up to a 1,500-foot restriction on the defendant to stay away from the protected person's location (MCA § 45-5-209(1)).

The order names its protected persons. If your children are named, you may not contact them at all until the court changes the order. If only the other parent is named, you are not barred from the children by this order, but the ordinary mechanics of an exchange (a text to set a time, a knock on the door, a handoff in a driveway) are all contact with the protected person or presence at a prohibited location.

Release conditions are a separate layer. A court may order a released defendant to avoid all contact with an alleged victim and with any potential witness who may testify (MCA § 46-9-108(1)(e)). A child who saw or heard the incident may be a potential witness. Read the release order as carefully as the no contact order, and see no contact as a release condition.

Why Informal Workarounds Are Dangerous

People in this position are usually trying to do the right thing for their children, and the other parent often agrees. The statute closes the obvious workarounds anyway.

Permission does not help. "Consent of the protected person to prohibited contact is not a defense" (MCA § 45-5-209(8)(b)). The notice on the order itself warns that you may be arrested "even if the person protected by the no contact order invites or allows you to violate the prohibitions."
Go-betweens do not help. The order can prohibit contact "by a third party," and each contact or attempt to make contact, "directly or indirectly," is a separate offense.
Only one person carries the risk. "A protected person may not be charged with a violation of a no contact order."

So an exchange arranged through your sister, with the other parent's blessing, can still produce a charge against you if the order does not provide for it. Our page on what counts as contact goes through the common situations.

How Exchange Terms Get Into an Order

There are three points at which a court can write exchange language.

At the first appearance. The no contact order served at arrest lasts 72 hours or until the first appearance, and the court "shall review and amend, if appropriate," the order at that appearance (MCA § 45-5-209(4) and (6)). If you have children together, your lawyer can raise exchanges then.
Later in the criminal case. A court may amend release conditions at any time, on a reasonable basis, on its own motion or on the motion of either party (MCA § 46-9-108(3)). A no contact order may also be issued or revised at any later appearance (MCA § 45-5-209(7)).
In the family court. A parent can ask the district court for an interim parenting plan by motion and affidavit (MCA §§ 40-4-213 and 40-4-220). A family court order sets the schedule, but it does not lift a criminal court's no contact order. The criminal court still has to allow what the parenting plan describes.

The prosecutor will be heard on any request to change a no contact order, and the court may want to know the protected person's position. That communication goes through the prosecutor's office or the lawyers. It does not go through you. See changing or lifting a no contact order.

What to Ask the Court to Write

Specific orders prevent accidental violations. These are the terms worth requesting.

Term	What to ask the court to write
Who transports the child	A named adult, other than a protected person, who has agreed to do it
Where	A specific location that does not put you within any distance restriction
When	Set days and times, so no one needs to negotiate each exchange
Communication	Whether any channel may be used for child-related logistics, by whom, and limited to what subjects
Changes and emergencies	Who may be contacted if a child is sick or a time must move
Which order controls	A statement that the exchange terms apply to the no contact order and release conditions alike

Courts differ in what they will approve, and some will not allow exchanges at all early in a case. A judge who is not ready to approve direct exchanges may still approve supervised visitation or exchanges through a neutral adult or location.

On the Day of the Exchange

Once you have written terms, the goal is to make every exchange uneventful.

Carry a copy of the order that authorizes the exchange.
Arrive and leave on time. Do not linger at the location.
Say nothing to or about the other parent, and do not send messages through the child.
If the plan breaks down, for example the other adult does not arrive, leave and call your lawyer. Do not call or text the protected person to find out why.
Do not record, follow, or photograph the other parent.

If something happens that looks like a violation even though you did nothing wrong, write down the time, the place, and who was present, and give it to your lawyer the same day.

If You Cannot Get Exchange Terms Yet

Sometimes the answer for a few weeks is no parenting time. That is hard, and it is temporary. A missed visit can be made up by court order later. A violation adds a new criminal charge, puts your release at risk, and gives the family court a reason to doubt that you will follow its orders. Use the time to get the parenting case in front of the district court, which gives these cases priority in setting hearings (MCA § 40-4-216(1)).

For the larger picture, see seeing your children with a no contact order and PFMA and child custody.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.

Montana Domestic Violence Guide Domestic Violence Defense Divorce During a PFMA Case Allegations Raised in a Custody Case Children as Witnesses The Home and Bills During the Case

FAQ

Exchanging Children Under a No Contact Order in Montana FAQ

Can I pick up my kids if there is a no contact order?

Only if the order and your other conditions allow it. If picking up the children would require contacting a protected person or going within a prohibited distance of a place, it is a violation unless the court has written an exception. Ask your lawyer to request exchange terms from the court.

Can my mother or a friend handle the exchanges for me?

Not on your own say-so. A no contact order may prohibit contact with the protected person by a third party, and each indirect attempt to make contact is a separate offense (MCA § 45-5-209(1) and (8)(b)). A third-party exchange is lawful when the court's order authorizes it and names how it works.

Can we text only about the children?

Only if the order says so. A standing no contact order can prohibit contact by telephone, electronic communication, and in writing, and it has no built-in exception for messages about children. Some courts will add a narrow written exception, and practice varies by court.

What if the other parent shows up at the exchange when they are not supposed to?

Leave without engaging, and tell your lawyer. A protected person cannot be charged with violating a no contact order, but you can, even if the contact was not your idea. See if the protected person contacts you.

What is the penalty for violating a no contact order during an exchange?

Violation of a no contact order is punishable by a fine of up to $500, up to 6 months in county jail, or both (MCA § 45-5-209(8)(c)). A violation can also lead the court to tighten or revoke your release conditions, and it becomes evidence in any parenting case.

Need Exchange Terms Added to Your Order?

We can ask the court for clear language so you can see your children without risking a new charge. Call 406-830-3060 for a confidential consultation.

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