Beginning August 1, 2024, Courts in Minnesota considering custody and parenting time issues must give priority to cases where there are credible allegations of a parent denying parenting time with a child for at least 14 consecutive days, or if a party has been unreasonably denied access to necessary financial resources or support during a divorce. In such cases, the court must hold a hearing within 30 days.
A court must consider credible allegations of domestic abuse, substance abuse, maltreatment findings, or neglect as a reasonable basis for a party who has denied parenting time to the other party. The mental health and safety of the child was also added to the list of considerations for the court when determining parenting time.
Prior to this, a party being denied parenting time could have to wait several months before even going before a judge to deal with a denial of parenting time. This allows parties in these situations to have relief sooner and to limit the impact on children.
As a remedy, the Court must order compensatory time to the parent who lost time with the child(ren), and the Court may order sanctions to the party withholding parenting time, among other remedies.
If you have questions relating to these issues, or would like to schedule a free consultation, please email us at info@familylawsolutionsmn.com.
