Summer break is supposed to be a time for families to relax, recharge, and spend quality time together. But when your co-parent refuses to follow the agreed-upon summer visitation schedule, the season can quickly become stressful and emotionally draining—especially if your plans, travel, or your child’s well-being are being disrupted.
If you're in this situation, you're not alone. At The Law Office of Laura L. McQuesten, we regularly work with parents in Virginia Beach and the surrounding Hampton Roads area who are struggling to enforce parenting time agreements. Understanding your rights and the next steps can help restore both structure and peace of mind during this crucial season.
Understand the Difference Between a Misunderstanding and a Violation
Before jumping to legal action, it’s important to determine whether your ex's behavior is a willful violation or simply a miscommunication. Summer schedules can be more complex than school-year routines, especially when travel or camp is involved.
- Check your custody order to confirm dates and drop-off arrangements.
- Review written communication to identify whether your ex may be confused, or deliberately noncompliant.
If the issue is due to poor planning or a lack of communication, sometimes a polite reminder or mediated conversation can resolve the conflict without court intervention.
Document Everything, Even the Small Incidents
If your ex continues to refuse visitation or significantly deviates from the schedule, start gathering documentation. Courts want to see a pattern, not just a one-time mistake.
Keep a written log that includes:
- Missed exchanges or late arrivals
- Texts or emails where your ex declines visitation
- Notes about how your child is affected emotionally or physically
Having this record can be crucial if you later need to file a motion for enforcement or seek a modification of your current custody arrangement.
What the Visitation Schedule Legally Requires
Not all parenting schedules carry the same legal weight. If your summer visitation schedule is part of a formal custody or visitation order approved by a Virginia court, your co-parent is legally required to follow it. Informal agreements, while often made in good faith, can be harder to enforce without documentation.
If your current schedule is based only on verbal communication or an outdated order, it may be time to seek clarification or modification through the court system.
Know Your Rights Under Virginia Law
In Virginia, custody and visitation orders are legally binding court orders. When a parent refuses to follow them without good cause, they may be held in contempt of court.
Under Virginia Code, both parents are expected to follow the terms of the order. Repeated, willful violations can lead to consequences including:
- Make-up parenting time
- Fines
- Attorney’s fees
- Modifications to custody or visitation
- In rare cases, jail time for contempt
However, Virginia courts prioritize the child’s best interest, so any legal action should be focused on restoring stability, not escalating conflict.
Consider Mediation or Legal Intervention
If direct communication has failed and the issue continues, you may consider family law mediation, which can help resolve disputes outside of court. This approach aligns well with the philosophy at The Law Office of Laura L. McQuesten, where clients are guided toward practical, child-focused solutions whenever possible.
That said, if your ex is uncooperative or the situation is affecting your child’s safety or emotional well-being, it may be time to speak with a Virginia Beach family law attorney to explore your legal options.
When You May Need to Return to Court
Family law courts in Virginia generally encourage parents to work things out amicably, but they also recognize when one parent is being unfair or manipulative. You may need to return to court if:
- Your ex repeatedly denies visitation without reason.
- You suspect parental alienation.
- Your child is being used as leverage or placed in the middle of disputes.
- The current custody order no longer reflects your child’s needs or schedule.
In these cases, filing a motion to enforce or modify custody may be necessary. A judge can order your ex to comply or revise the arrangement to better serve the child.
What If You Don’t Want to Go to Court?
Many parents hesitate to pursue legal action, especially when they worry it might escalate tension or affect their child. That’s understandable. Fortunately, not every parenting time issue requires a courtroom appearance. In some cases, enforcement can be pursued through formal letters, mediation referrals, or negotiated adjustments, particularly when guided by experienced legal counsel.
Protecting Your Child and Your Peace of Mind
No parent should have to chase down their court-ordered time with their child. Whether you’re facing repeated schedule violations, passive resistance, or outright denial of summer visitation, it’s important to take action in a way that’s legally sound and emotionally healthy for your child.
At The Law Office of Laura L. McQuesten, we understand how sensitive and emotionally complex these situations can be. We provide legal guidance to parents in Virginia Beach, Chesapeake, Norfolk, Newport News, Hampton, and communities throughout Southeastern Virginia—helping preserve parenting time, resolve custody-related challenges, and support long-term family stability with clarity and care.
When to Seek Legal Advice
If you’ve tried addressing the problem directly but your co-parent continues to disregard the summer schedule, or if you’re unsure what your order legally requires, it’s wise to consult with a family law attorney. Delaying action can not only cause stress but may also impact future custody arrangements. An early conversation can help you avoid escalation and give you a clear understanding of your rights.
Ready to Reclaim Your Summer Visitation Time?
If your co-parent isn’t following the summer schedule, it may be time to consider your next steps. Contact The Law Office of Laura L. McQuesten to schedule a consultation with a Virginia Beach family law attorney. You’ll have the opportunity to discuss your situation, understand your legal options, and begin developing a plan that protects your rights and supports your family’s long-term well-being.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. For guidance specific to your situation, please contact The Law Office of Laura L. McQuesten directly.