You can use the interactive Petition to Enforce Parenting Plan to ask a District Court in Montana to hold the other parent in contempt for failing to follow your court-ordered Parenting Plan.
When you’re done, you’ll need to download, print, and file the forms with the Clerk of District Court in the county where your current Parenting Plan was filed. You’ll also need to serve the other parent. The forms come with instructions to help you file them and serve the other parent. This form asks the Sherriff to serve the other parent. You can find the link to the interactive Petition to Enforce Parenting Plan at the end of this page.
What if I’m leaving a violent relationship?
There are a few important things to know if you are leaving a violent or abusive relationship. The end of a violent relationship is sometimes the most dangerous point for the victim and children. There may be free legal and non-legal help for people leaving a domestic violence relationship. It is a good idea to come up with a safety plan. You may also want to look into getting an Order of Protection. It is important to know that the Court may base some of its decisions on safety concerns for the parents and/or children.
What the law says about enforcing a Parenting Plan
Filing a Petition to Enforce Parenting Plan is a serious action. It can involve serious penalties. You could be putting yourself in legal risk as well. Before you file a Petition to Enforce Parenting Plan, we strongly recommend that you do the following:
- Read your Parenting Plan carefully to make sure that the other parent is violating the plan.
- Follow your part of the Parenting Plan.
- Talk to a lawyer and follow their advice.
- Go to mediation with the other parent to try to resolve the issue before going to court. Mediation is not required if your relationship has been violent.
- Read our 10 Steps for When the Other Parent won’t Follow Your Parenting Plan.
What you’ll need to complete the form
The form takes about 15 to 30 minutes to complete. You can create an account to stop, save, and return to your answers at a later date.
When completing the form, you’ll need to:
- Have a copy of your current Parenting Plan that the Court has ordered both parents to follow.
- Write a Petition asking the Court to enforce your Parenting Plan.
- Write a sworn Affidavit describing your specific situation that leads you to ask the Court for help enforcing your Parenting Plan.
You can complete this form on your smart phone but you will need to print it out before you can file it with the Clerk of District Court and serve the other parent.
This form isn’t right for everyone. The program may tell you to talk to a lawyer based on the information you give.
Need more information?
If you have any questions about your rights or this form, it would be a good idea to read our 10 Steps for When the Other Parent won’t Follow Your Parenting Plan. The DIY Guide to Divorce and Custody in Montana may have additional helpful information.