Rule 816.Enforcement of Parenting Time

Part VIII. Judgments; Post-Decree and Post-Judgment Proceedings · Last amended January 1, 2025 · Last verified September 4, 2026

In one sentenceRule 816 provides an expedited verified petition to enforce parenting time, heard within 28 days, with make-up time and other remedies available.

Full Text of Rule 816

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Commencement. A party seeking to enforce court ordered parenting time will file a verified petition alleging denial or interference with parenting time. The provisions of this rule are separate and distinct from a contempt proceeding under Rule 812 and other remedies provided by law, including enforcement provisions governed by Idaho Code §§ 32-11-308 to 32-11-317 of the Uniform Child Custody Jurisdiction and Enforcement Act.

(b) Form of Petition. A verified petition to enforce parenting time of no more than 20 pages must set forth:

(1) the date of the order, judgment, or decree sought to be enforced;

(2) how and when the responding party and/or their attorney was served with a copy of the order, judgment, or decree or had knowledge of it;

(3) the specific term of the order, judgment, or decree for which enforcement is sought;

(4) specific facts constituting a denial or interference with the order, judgment, or decree;

(5) the efforts the moving party has made to confer with the responding party regarding the relief sought;

(6) the relief sought; and

(7) attach a copy of the order, judgment, or decree with the clerk’s file stamp showing the date of filing. The attached order, judgment, or decree is excluded from the 20 page limitation.

(c) Service. The petition to enforce parenting time must be served upon all parties entitled to service along with a summons which substantially complies with the form in Appendix A. The method of service will be the same as for an original family law action set forth in Rule 204 and service will be on the responding party rather than on the previous attorney of record for the party. If the petition to enforce parenting time is initiated in a family law action currently pending, the petition may be served as provided by Rule 205(c)-(e), unless the court orders personal service.

(d) Timing of Service. The petition and summons must be filed and served on the responding party at least 14 days before the hearing.

(e) Response to Petition. The responding party may file an affidavit of no more than 20 pages opposing the petition. Responsive affidavits must be filed and served on the moving party at least 7 days before the hearing.

(f) Reply to Petition. The moving party may file a reply affidavit of no more than 3 pages. Reply affidavits must be filed and served on the responding party at least 2 days prior to the hearing.

(g) Hearing.

(1) The hearing will be held not more than 28 days after the filing of the petition.

(2) The petition will be decided exclusively on the petition, affidavits, and oral argument unless, at the hearing, the court determines the parties should be allowed to present evidence. In such case, the court will schedule an evidentiary hearing within a reasonable time.

(3) The court may grant a request for continuance from either party upon showing of good cause. There is a presumption that final disposition of a petition to enforce parenting time will take place no more than 42 days after the filing of the petition. Upon good cause shown, the timeframe may be extended to allow for discovery or other actions as may be appropriate.

(4) Any exception to the time limits in this rule may be granted by the court for good cause shown. In time-sensitive matters, the court may grant a motion to extend or shorten time without notice to the other party.

(h) Available remedies. After a hearing, if the court finds a party has failed to comply or interfered with a parenting time order, judgment, or decree, the court may:

(1) temporarily modify the parenting time order, judgment, or decree if the court finds it is in the best interest of the child including:

(A) compensatory (make up) parenting time with the child;

(B) modification of transportation and exchange arrangements; and

(2) impose economic sanctions including the award of monetary compensation for the costs resulting from a parent's failure to appear for scheduled parenting time;

(3) suspend a parent’s license consistent with applicable law;

(4) appoint a parenting coordinator;

(5) impose a sanction, including attorney fees and costs, for bad faith conduct when a party willfully conducts itself improperly or acts with an improper purpose; and

(6) issue any other appropriate remedy as determined by the court.

End

Rule History

(Adopted June 12, 2023, effective July 1, 2023; amended December 13, 2024, effective January 1, 2025.)

Plain-English Summary

Rule 816 is the fastest proceeding in these rules, and the speed is the point: a denied weekend cannot wait a year.

Commencement

A verified petition alleging denial of or interference with parenting time. It is separate and distinct from contempt under Rule 812 and from other remedies, including the enforcement provisions of the Uniform Child Custody Jurisdiction and Enforcement Act at Idaho Code §§ 32-11-308 to 32-11-317.

What it must contain

No more than 20 pages: the date of the order; how and when the responding party or their attorney was served or had knowledge of it; the specific term sought to be enforced; specific facts constituting denial or interference; the efforts made to confer; the relief sought; and an attached file-stamped copy of the order, excluded from the page limit.

The calendar

Served with a summons substantially complying with Appendix A, under Rule 204's method and on the responding party rather than the previous attorney — or under Rule 205(c)–(e) in a currently pending case.

petition and summons filed and served at least 14 days before the hearing;
a responsive affidavit of no more than 20 pages, at least 7 days before;
a reply affidavit of no more than 3 pages, at least 2 days before;
the hearing held not more than 28 days after the petition is filed;
a presumption that final disposition occurs no more than 42 days after filing.

The hearing is decided exclusively on the petition, affidavits, and oral argument unless the court determines at the hearing that evidence should be presented — the same paper-first approach Rule 502(b) takes to temporary orders.

Continuances need good cause, and the 42-day presumption may be extended on good cause to allow discovery. In time-sensitive matters the court may grant a motion to extend or shorten time without notice to the other party.

Remedies

If the court finds a failure to comply or interference, it may:

temporarily modify the parenting time order if in the child's best interest — including compensatory make-up parenting time, modified transportation and exchange arrangements, and clarification of terms;
impose economic sanctions, including monetary compensation for costs resulting from a parent's failure to appear for scheduled parenting time;
suspend a parent's license consistent with applicable law;
appoint a parenting coordinator under Rule 1002;
impose a sanction including attorney fees for bad faith conduct; and
issue any other appropriate remedy.

Make-up time is the remedy that fits the injury, and it is what Rule 1002(c)(2)(F) lets a parenting coordinator schedule in lieu of a contempt motion — the two rules are designed to work together.

Frequently Asked Questions

How fast is a parenting time enforcement hearing?

Rule 816(g)(1) requires the hearing to be held not more than 28 days after the filing of the petition, and Rule 816(g)(3) presumes final disposition no more than 42 days after filing.

What can the court do if my parenting time was denied?

Rule 816(h) allows the court to temporarily modify the order if in the child's best interest, including compensatory make-up parenting time and modified transportation and exchange arrangements, impose economic sanctions, suspend a parent's license consistent with applicable law, appoint a parenting coordinator, impose a sanction including attorney fees for bad faith conduct, and issue any other appropriate remedy.

What are the filing deadlines?

Rule 816(d) requires the petition and summons to be filed and served at least 14 days before the hearing, Rule 816(e) allows a responsive affidavit of no more than 20 pages at least 7 days before, and Rule 816(f) allows a reply affidavit of no more than 3 pages at least 2 days before.

Will there be live testimony?

Not by default. Rule 816(g)(2) provides that the petition will be decided exclusively on the petition, affidavits and oral argument unless, at the hearing, the court determines the parties should be allowed to present evidence, in which case it schedules an evidentiary hearing within a reasonable time.

Do I have to file for contempt instead?

No. Rule 816(a) provides that its provisions are separate and distinct from a contempt proceeding under Rule 812 and other remedies provided by law, including the enforcement provisions of Idaho Code sections 32-11-308 to 32-11-317.

Can I get the missed time back?

Rule 816(h)(1)(A) allows compensatory make-up parenting time with the child as part of a temporary modification the court finds is in the child's best interest.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text

Also known as: enforcement of parenting timedenied visitationmake-up time28 dayscompensatory parenting timelicense suspensionverified petition