Ind. Elkhart Cnty. Local Rule LR20-PTG-408

408.1. Mediation

If there is a disagreement concerning parenting time, then the parents shall enter mediation pursuant to

Indiana Parenting Time Guidelines Section 1 (E) (2) prior to filing with the court.

408.2. Exceptions

The Court may excuse the requirement for good cause shown. There must be a detailed written statement

of sufficient fact and weight for the court to waive this rule. All individuals are advised that the Courts do

not favor requests for waiver from the requirements of this rule, and that waiver requests should be sought

only in exceptional instances and not as a matter of course.

408.3. Child Hesitation

If a child is reluctant to participate in parenting time, each parent shall be responsible to ensure the child

complies with the scheduled parenting time. In no event shall a child be allowed to make the decision on

whether scheduled parenting time takes place.

408.4. Relocation

When either parent considers a change of residence, reasonable advance notice of the intent to move in

accord with Indiana Code provisions shall be given to the other parent. Parents are expected to discuss

necessary changes in the parenting schedule as well as the allocation of transportation costs in exercising

parenting time which may result from the move.

408.5. Withholding Support or Parenting Time

Neither parenting time nor child support shall be withheld because of either parent’s failure to comply

with a court order. Only the court may enter sanctions for noncompliance. A child has the right to both

support and parenting time, neither of which is dependent upon the other. If there is a violation of either

requirement, the remedy is to apply to the court for appropriate sanctions.

408.6. Enforcement of Parenting Time

Court orders regarding parenting time must be followed by both parents. Unjustified violations of any of

the provisions contained in the order may subject the noncompliant parent to sanctions and may result in

Modification of Custody after a full hearing on such matters.

408.7. Attorney Fees

In any court action to enforce an order granting or denying parenting time, a court may award reasonable

attorney fees and expenses of litigation. In awarding fees, a court may consider whether the parent seeking

attorney fees substantially prevailed and whether the parent violating the order did so knowingly or

intentionally. A court may award attorney fees and expenses against a parent who pursues a frivolous or

vexatious court action. A reasonable award for bringing a Rule to Show Cause is five hundred dollars

($500.00) and two-hundred-fifty dollars ($250.00) for each subsequent appearance on that Rule to Show

Cause.