Interference with Parenting Time in Minnesota

Last reviewed November 3, 2026

Interference with parenting time in Minnesota occurs when one parent prevents the other from exercising the time a court has ordered. Examples include refusing to hand over the child, repeatedly arriving late, or cancelling scheduled time without cause. Minnesota provides civil remedies under Minn. Stat. § 518.175, subd. 6, a faster dispute process under § 518.1751, and, in serious cases, criminal penalties. This page explains each one. It is part of the site’s guide to custody and parenting in Minnesota.

The Duty to Follow the Order

Each party must follow the court’s custody and parenting time order. The only exception is a different agreement that both parents have made in writing (§ 518.175, subd. 6(a)). An informal verbal change, therefore, gives little protection if a dispute arises later.

The duty covers more than a final decree. “Court-ordered parenting time” includes temporary orders, juvenile court orders, and decisions of a parenting consultant or other authorized neutral. It also includes a binding decision by a parenting time expeditor (subd. 6(b)).

Compensatory Parenting Time

Compensatory time is the primary remedy. When a court finds that a parent was deprived of court-ordered time, it must order the interfering parent to allow make-up time (§ 518.175, subd. 6(d)). That make-up time must:

1. be at least the same type and length as the time lost, and it may be more;
2. be taken within one year after the lost time; and
3. occur at a time acceptable to the parent who lost the time.

Separately, the court must fully consider compensatory time whenever a parent has intentionally made a substantial amount of time unavailable, unless the remedy would not serve the child’s best interests (subd. 6(c)).

Remedies for Repeated Interference

Stronger remedies apply when interference is repeated and intentional. In that situation, the court must order the interfering parent to reimburse the other parent’s costs and to pay reasonable attorney fees, if that parent has the means to pay (§ 518.175, subd. 6(e)). In addition, the court may:

• impose a sanction of up to $500, payable to the other parent;
• transfer legal and physical custody to the parent whose time was denied, following the procedures in § 518.18; or
• order any other remedy that serves the children’s best interests.

After a prior finding of repeated interference, a further finding requires the court to impose the sanction, a custody change, or both (subd. 6(f)). For more on fee awards, see Attorney Fees.

Bonds, Contempt, and Custody

Other tools are also available. When denied time has caused a parent to lose prepaid expenses, the court may require the interfering parent to post a bond covering upcoming planned time (subd. 6(h)). Furthermore, an unwarranted denial of parenting time may constitute contempt of court. It may also be sufficient cause to reverse custody (subd. 6(i)).

When Withholding Time Is Justified

The law recognizes that a parent may sometimes need to protect a child. If the court makes written findings that a denial was necessary to protect the child’s physical or emotional health, the mandatory remedies do not apply (§ 518.175, subd. 6(g)).

Even so, a parent with genuine safety concerns should seek a court order promptly rather than act alone. Options include a motion to restrict parenting time, an emergency custody order, or an order for protection.

Parenting Time Expeditors

Many disputes can be resolved without a full motion. On request of either party, by stipulation, or on its own motion, the court may appoint a parenting time expeditor (Minn. Stat. § 518.1751, subd. 1). An expeditor is a neutral who first tries to help the parents agree. If they cannot, the expeditor makes a decision (subd. 1b).

The process is designed to be quick. The expeditor must meet with the parties within five days of notice of the dispute. If there is no agreement, a decision generally follows within five days after the expeditor has the needed information (subd. 3). The expeditor may award compensatory time and may recommend that the court order fees and costs.

A party cannot be required to use an expeditor in certain cases. These include a claim of domestic abuse, probable cause of physical abuse or threats, or an inability to pay the expeditor’s fees (subd. 1a). The site’s family law terms page also defines related neutral roles.

Criminal Deprivation of Parental Rights

The most serious interference can be a felony. Under Minn. Stat. § 609.26, it is a crime to conceal a child, or to take, keep, or fail to return a child in violation of a court order, when the conduct shows an intent to substantially deprive a parent of custody or parenting time rights. The statute also applies after a custody case begins but before an order is issued (subd. 1(4)).

A conviction may bring up to two years in prison, a $4,000 fine, or both. Aggravating circumstances, such as harm to the child, raise the maximum to four years and $8,000 (subd. 6). The statute provides affirmative defenses, including a reasonable belief that the action was needed to protect the child from assault or substantial emotional harm (subd. 2).

Practical Steps for a Parent Being Denied Time

1. Keep a written record. Note each missed exchange, with dates, times, and any messages.
2. Communicate in writing. Polite texts or emails create a clear record and avoid confrontation at exchanges.
3. Do not withhold support. Child support and parenting time are separate obligations.
4. Use the court process. A pro se parenting time motion form is available from the court administrator (§ 518.175, subd. 1(f)). For hearing procedure, see Motion Hearing in Family Court.

Every parenting time order must include a notice of these remedies and of the felony penalty (subd. 6(j)–(k)). For the rules on setting and changing a schedule, see Parenting Time in Minnesota.