Understanding Parental Rights and Remedies when a Parent violates a Custody and Parenting Time Order

When navigating family law matters, especially those involving custody and parenting time, parents must be aware of the legal mechanisms in place to ensure that both parties comply with court-ordered arrangements. In Minnesota, two key statutes address the violation of parenting rights: Minn. Stat. 609.26 and Minn. Stat. 518.175, Subd. 6. While both concern parental rights and custody, they differ in their focus and the consequences for non-compliance.

Minn. Stat. 609.26: Depriving Another of Custodial or Parental Rights

Minn. Stat. 609.26 is a criminal statute designed to protect parents’ rights to custody and parenting time. Under this statute, a person can be charged with a felony if they intentionally engage in any of the following actions:

• Concealing a Child: If one parent or another person conceals a minor child from a parent or lawful custodian with the intent to deprive them of parental rights.
• Violating Court Orders: If a person takes, retains, or fails to return a child in violation of a court order that specifies custody or parenting time, they may face charges.
• Interfering with Parenting Time: Even prior to a formal custody order, if a parent or other party intentionally interferes with a parent’s right to see their child, they may be subject to criminal charges under this statute.
• Causing Truancy or Runaways: If a person contributes to a child being a habitual truant or runaway, and the person is significantly older than the child (more than 24 months), they could be charged under this statute.

The penalties for violating Minn. Stat. 609.26 can include imprisonment, substantial fines, or both. In addition, the statute outlines potential defenses, such as the belief that the action was necessary to protect the child or the person from harm. Minn. Stat. 609.26 emphasizes criminal accountability and the need to protect children from being wrongfully withheld from their lawful custodians.

Key Takeaway: This statute provides a criminal framework to punish those who intentionally interfere with a parent's right to custody or parenting time. It stresses the seriousness of depriving a parent or lawful custodian of their parental rights.

Minn. Stat. 518.175, Subd. 6: Remedies for Denial of Parenting Time

Minn. Stat. 518.175, Subd. 6, on the other hand, is a civil statute that provides remedies for situations where one parent intentionally denies or interferes with another parent’s court-ordered parenting time. Here, the focus is on ensuring that the child’s best interests are upheld while addressing the consequences of a parent’s refusal to comply with a court order.

• Compensatory Parenting Time: If one parent intentionally deprives the other parent of parenting time, the court may order compensatory parenting time. This means the deprived parent may receive additional time with the child to make up for the time lost.
• Reimbursement for Costs: If a parent has been denied their court-ordered parenting time, the court may require the offending parent to reimburse the other parent for any costs incurred as a result of this denial. Additionally, the court may award attorney fees to the parent who has been deprived of their rights.
• Sanctions: In cases of repeated or intentional interference with parenting time, the court can impose sanctions. These can include financial penalties (up to $500), modifying custody arrangements, or even transferring custody to the parent whose rights were violated.
• Contempt of Court: If a parent repeatedly interferes with court-ordered parenting time, the court may find them in contempt of court, which can lead to more severe legal consequences, including the potential reversal of custody.

Key Takeaway: Minn. Stat. 518.175, Subd. 6 is a civil remedy designed to enforce compliance with court-ordered parenting time. It provides mechanisms for compensating the parent who has been deprived of time with their child and can result in significant legal consequences, such as modifications to custody.

Key Differences Between the Two Statutes

While both statutes deal with the deprivation of a parent's rights to their child, the core difference lies in their legal approach:

• Criminal vs. Civil: Minn. Stat. 609.26 is a criminal statute, meaning the parent or individual who violates the law can be charged and face penalties like fines or imprisonment. In contrast, Minn. Stat. 518.175, Subd. 6 is civil in nature, focusing on remedies like compensatory parenting time, financial penalties, and custody modifications, without criminal charges.
• Focus on Intentional Interference: Both statutes emphasize the intentional nature of the actions, but 609.26 is focused on more severe actions (such as concealment or abduction) and criminal consequences. 518.175 focuses on the consequences of repeatedly interfering with or denying court-ordered parenting time, aiming to address the harm done to the other parent and child by such actions.
• Defenses: In 609.26, there are specific defenses a person can raise, such as protecting the child from harm or acting with the consent of the other parent. 518.175 offers no such defenses but focuses on the remedy of compensatory time, reimbursement for costs, and possible sanctions.

Conclusion

Both Minn. Stat. 609.26 and Minn. Stat. 518.175, Subd. 6 serve important functions in Minnesota family law, offering legal avenues to address violations of parental rights. 609.26 holds individuals criminally accountable for significant violations like abduction or intentional concealment of a child, while 518.175, Subd. 6 offers civil remedies, ensuring that parents who are denied time with their children due to another parent's interference receive appropriate compensatory time and financial reimbursement. Understanding Minnesota’s New Parenting Time Laws has information on the recent passage of Minnesota House File 3204. Which is designed to provide families with clearer guidelines and more efficient processes in Minnesota family court.

If you are facing a situation involving interference with your custody or parenting time, understanding these statutes and seeking legal guidance is essential to protect your rights and the well-being of your child. For personalized advice, consulting a family law attorney is highly recommended. Call Mundahl Law at 763-575-7930 or click schedule a consultation to speak with our Client Advocate. You can also use our online contact form to get the support you deserve during this transitional time. Our team is available to answer your questions, address your concerns, and guide you through the legal process. Let us help you achieve the best possible outcome.