What Happens if You Disagree with Your Parenting Plan?

 Posted on April 25, 2025 in Parenting Time (Visitation)

Parenting plans are designed to provide clarity and structure for the children of parents who are no longer together. These plans outline everything from weekly parenting time schedules to holidays, decision-making responsibilities, and communication guidelines. But what happens when both parents genuinely believe they are following the plan — yet interpret it in different ways?

Disagreements over the wording or intent of a parenting plan are more common than many people expect. These issues can arise months or even years after a divorce or custody order is finalized, especially as children grow older and their needs evolve. Understanding your options for resolving these conflicts is the first step toward preserving a cooperative co-parenting relationship and ensuring your child’s well-being, and our Naperville child custody lawyer is here to help.

Common Areas of Confusion in Parenting Plans

Parenting plans are legal documents, but that does not always mean they are free from ambiguity. Some of the most frequent points of confusion between well-meaning co-parents include:

• Holiday schedules that overlap or do not account for school closures or travel time.
• "Right of first refusal" provisions that are not clearly defined in terms of time thresholds or communication expectations.
• Disagreements about extracurricular activities, especially when one parent believes they have authority to enroll the child without input from the other parent.
• Pick-up and drop-off logistics, including locations and timing.
• Decision-making authority, especially in joint custody arrangements where both parents must agree on issues like medical care or education.

In many cases, both parents are trying to do what they believe is best, but without clear mutual understanding, conflict can quickly escalate.

Resolving Divorce Decree Disputes Through Mediation

Mediation is often the first and best step when co-parents disagree about their parenting plan. In Illinois, courts may require mediation for disputes over parenting time or decision-making unless there are safety concerns like domestic violence.

During mediation, a neutral third party helps both parents communicate their concerns and work toward a mutually acceptable resolution. Mediation is confidential, informal, and allows parents to maintain control over the outcome rather than leaving the decision to a judge. In Illinois, many mediators — including court-appointed options — have specialized experience in family law and co-parenting dynamics.

Arbitration as an Alternative to Courtroom Litigation for Post-Decree Enforcement Issues

In some cases, parents may agree in advance (or be ordered by the court) to submit disputes to arbitration. Unlike mediation, arbitration is binding — meaning the arbitrator’s decision must be followed. It is more structured than mediation but generally less formal and faster than traditional litigation. Arbitration is especially useful when the issue is narrow, such as interpreting one clause of the parenting plan.

When Litigation Becomes Necessary in Child Custody Disputes

If mediation or arbitration fails — or if one parent refuses to participate — the issue may need to be resolved in court. A judge will review the parenting plan, consider the parties’ arguments, and determine how the plan should be interpreted or whether it needs to be modified. Litigation can be stressful, expensive, and time-consuming, but it may be necessary if one parent consistently disregards the spirit or letter of the agreement.

When disputes arise over a parenting plan, it is essential to seek resolution before small issues grow into larger conflicts. Whether through mediation, arbitration, or court proceedings, the goal remains the same: Supporting your child with a stable, consistent co-parenting arrangement that reflects the child’s best interests.

Contact our DuPage County, IL Family Law Attorney

If you have already finalized your divorce but are confronting serious disputes regarding what your divorce decree says about your children, contact our Naperville, IL child custody lawyer now. Our firm has extensive experience with family law issues of all kinds and will work to achieve a resolution as quickly and efficiently as possible.