Can compensatory time be ordered as a remedy when parenting time was wrongfully denied?
Yes, ordering compensatory or "make-up" parenting time is one of the more common remedies courts use when parenting time has been wrongfully denied. The idea is straightforward: if a parent lost time with their child because the other parent didn't comply with the order, the court can direct that equivalent time be added back, rather than treating the lost time as simply gone. This can be ordered on its own or alongside other remedies, including in the context of a contempt finding, and doesn't necessarily require a full contempt motion to be available.
Courts generally focus on what's workable and in the child's best interests when structuring compensatory time, rather than mechanically replacing lost hours on a strict one-for-one basis. A pattern of repeated denial tends to support a stronger response than an isolated incident with a reasonable explanation. Because the right remedy depends heavily on the specific history between the parents and the practical realities of the child's schedule, a parent who has lost meaningful parenting time should raise the issue promptly and get legal advice on the strongest way to seek compensatory time rather than waiting and hoping the pattern resolves itself.
Key takeaways
- Compensatory parenting time is a common remedy for wrongfully denied time with a child.
- It can be ordered alongside a contempt finding or as its own remedy.
- Courts structure make-up time around what's workable and in the child's best interests, not a strict formula.
- Raising denied parenting time promptly, with documentation, supports a stronger claim for compensatory time.