Make-Up Parent-Time in Utah: When You Can Ask for It
Why this matters: Parenting time is not “optional.” When a court order gives you parent-time, that time is supposed to happen. But real life gets messy: kids get sick, schedules change, and sometimes one parent simply refuses to follow the plan. When that happens, the child loses time with a parent, and the co-parenting relationship can spiral into constant conflict.
Utah law gives families tools to address missed time. In many cases, the solution is make-up parent-time (sometimes called compensatory parent-time): extra time awarded to replace time that was wrongfully denied or not provided.
Note: This article is for educational purposes and is not legal advice. Outcomes depend on your facts, your court orders, and Utah procedure. If you need advice for your situation, talk with a Utah family law attorney.
Make-Up Parent-Time.
Make-up parent-time is the court’s way of saying, “That missed time matters, and it should be restored when it can be restored safely.” If you were supposed to have your child and the time did not happen, you may be able to ask the court to award additional parent-time to make up for what was lost.
Two ideas matter right away:
Make-up time is tied to an existing order: You are not asking for a new schedule from scratch. You are asking the court to enforce or repair a schedule that already exists.
Best interest still matters: Even when a parent “wins” an enforcement dispute, Utah courts keep the child’s best interest front and center.
Proof matters: Judges look for clear, specific facts: what the order says, what happened, and what you did to try to fix it before filing.
If you want a broader roadmap for how Utah handles custody and scheduling in the first place, start with our Utah child custody and parenting time guide. If missed parent-time is happening during a divorce or right after a decree, our Utah divorce process guide helps explain how orders are created and enforced.
The short video below explains Utah’s “make-up time” concept and why the law pushes courts to award compensatory parent-time when parent-time is interfered with.
Watch: Utah’s New Parent Make Up Time Law
Key Utah Legal Standards and Statutes
Several Utah laws come up repeatedly when parent-time is missed and a parent asks for enforcement or make-up time.
Utah Code section 30-3-5 and mandatory make-up parent-time in many enforcement disputes
Utah law provides that when a motion or petition alleges noncompliance with a parent-time order, the court may award certain remedies (including attorney fees and costs) to the prevailing party, and the court shall award reasonable make-up parent-time to the prevailing party unless make-up time is not in the child’s best interest. This make-up parent-time provision is found in Utah Code section 30-3-5.
Practical takeaway: If the court finds the other parent did not comply with the parent-time order and you substantially prevail, make-up time is often a central remedy the court is expected to address. :contentReference[oaicite:0]{index=0}
Compensatory service as a sanction for refusing to comply with parent-time
Utah law also includes a specific sanction in certain situations where a parent refuses to comply with the minimum amount of parent-time ordered. Under Utah Code section 78B-6-316, if the court finds noncompliance by a preponderance of the evidence, the court shall order at least 10 hours of compensatory service and education (workshops, classes, or counseling) designed to reinforce the importance of compliance. :contentReference[oaicite:1]{index=1}
This statute is not “make-up time” by itself, but it shows how seriously Utah treats parent-time interference and refusal to comply.
Procedure matters: motions to enforce in Utah
In Utah, enforcing a custody or parent-time order is typically done through a Motion to Enforce Order. Utah Courts provide step-by-step guidance on filing and service requirements, including the modern process replacing the old “Order to Show Cause” terminology. :contentReference[oaicite:2]{index=2}
If the underlying conflict is bigger than one missed weekend and looks like a pattern of repeated disputes, it can help to understand how courts structure parenting plans. Our custody and parent-time guide explains the core building blocks that often become “flashpoints” during enforcement fights.
When You Can Ask for Make-Up Parent-Time
Most make-up parent-time requests come from one of these common situations. The key is that the time was missed in a way that violates the order, not simply because the parents agreed to a change and later regretted it.
Common situations that lead to make-up time requests
The other parent denied your scheduled time
You arrived for exchange and the child was not produced, or the other parent canceled without a valid reason under the order.
Repeated “last-minute” interference
The other parent repeatedly schedules over your time, refuses transportation, or creates barriers that make the visit impossible.
The other parent did not exercise their own time
If the order requires certain notice or cooperation and a parent repeatedly fails to exercise time in a way that causes you costs or disruption, the court may address remedies under the order and statute.
Ambiguous orders that fuel conflict
When a decree is unclear (holidays, exchanges, activities), small disputes become missed time, and the court may clarify the order and address make-up time.
The Instagram reel below explains the difference between physical custody and parenting schedules. This matters because make-up time is usually about schedule compliance, not changing the custody label.
What if the child was sick or there was a true emergency
Illness and emergencies happen. In many families, parents solve these issues informally: they reschedule and move on. But if the conflict is high or the missed time becomes a pattern, the “why” matters. Judges tend to look for details: whether the explanation is credible, whether the parent communicated reasonably, and whether there were good-faith efforts to arrange replacement time.
What if you agreed to a swap and now want make-up time anyway
One of the biggest practical problems is the “flexibility trap.” Parents start swapping informally, without a written record, and later disagree about what happened. If you agreed to give up time, it can be harder to prove the time was “wrongfully denied.” This is why documentation and clear communication matter.
The reel below warns about informal flexibility and how it can undermine later enforcement arguments when there is no clear record of what was agreed and why.
How Judges Evaluate Evidence in Make-Up Parent-Time Disputes
Judges usually do not decide these cases based on who feels more frustrated. They decide based on orders, facts, and credibility. The court is often asking: What does the order require? Did a parent fail to comply? Was the failure willful or unreasonable? What remedy best protects the child’s schedule and stability going forward?
| What the court looks for | Examples of supporting information | Common mistake to avoid |
|---|---|---|
| Clear order language | The decree or parenting plan schedule, holiday provisions, exchange time/location, notice requirements | Arguing “what we usually do” instead of what the order actually says |
| Specific missed events | Dates and times missed, screenshots of messages, travel logs, school/medical notes when relevant | Vague claims like “I never get my time” without a timeline |
| Good-faith communication | Requests to follow the order, reasonable alternatives offered, attempts to resolve before filing | Escalating immediately without trying to fix the issue in writing first |
| Pattern vs. one-off | Repeated denial, repeated late cancellations, repeated refusals to cooperate on exchanges | Bringing a motion over a single minor issue when the real problem is a larger plan flaw |
| Child-centered remedy | Make-up time proposal that fits the child’s school and routine, safe exchange plan | Asking for a remedy that looks punitive rather than practical |
One reason enforcement fights become expensive is that evidence rules and motion practice matter. If you are gathering documents, preparing a timeline, or responding to accusations, our Utah discovery, evidence, and motions practice guide explains how courts typically evaluate and use information in motion-heavy family cases.
The Instagram reel below highlights a practical truth: judges often focus on whether parents are acting child-centered and reasonable, not on who is “more angry.” That lens matters in enforcement and make-up time decisions.
How to Ask for Make-Up Parent-Time in Utah
Most parents ask for make-up parent-time through an enforcement process. In Utah, that typically means filing a Motion to Enforce Order in the same case where the custody or parent-time order was entered. Utah Courts publish an overview of the motion-to-enforce process, including filing and service steps. :contentReference[oaicite:3]{index=3}
A practical step-by-step approach
Start with the order, not the argument
Print the relevant pages of the decree or parenting plan. Highlight the exact schedule language and any notice or exchange rules.
Build a clean timeline
List each missed visit with dates, the scheduled time, what happened, and what was communicated. Keep it factual.
Document reasonable attempts to fix it
Courts often look for good-faith efforts: a written request to follow the order, a reasonable make-up proposal, and child-centered communication.
Propose make-up time that works in real life
A strong request includes a practical plan: specific dates/times, transportation details, and how the plan fits school and activities.
File the proper motion and serve correctly
Procedure matters. Utah Courts describe the required filing and service steps for enforcement motions. :contentReference[oaicite:4]{index=4}
The video below gives a general overview of make-up time in custody cases and how parents often approach missed parent-time disputes.
Watch: Make-Up Time in Child Custody
What remedies can be included besides make-up time
Depending on the facts, the court may address more than “replacement time.” Utah law allows the court to consider costs and attorney fees for a prevailing party in a noncompliance dispute, along with make-up parent-time unless it is not in the child’s best interest. :contentReference[oaicite:5]{index=5}
In some cases, courts can also impose sanctions designed to encourage compliance. For example, Utah’s compensatory service statute can apply when a parent refuses to comply with the minimum parent-time ordered. :contentReference[oaicite:6]{index=6}
Practical Implications for Families
Make-up parent-time is not only about “getting hours back.” It often changes how parents behave going forward. When a court enforces an order and addresses missed time, the message is that schedules matter and that interference can carry real consequences.
How to reduce repeat problems after a make-up time dispute
Clarify exchange logistics
Many denials are really “handoff” fights. A clear exchange time, place, and transportation plan reduces conflict.
Use written communication
Keep communication short, child-focused, and in writing. It protects the child and reduces later evidence fights.
Fix the plan’s weak spots
If holidays, activities, or vacations keep triggering disputes, consider a modification or clarification rather than constant enforcement.
Stay consistent with the child’s routine
Strong make-up time proposals align with school, sleep, and activities. Courts notice practical child-centered planning.
Sometimes the best “make-up time strategy” is a stronger parenting plan. The video below focuses on what to include in a Utah parenting plan, including schedules and enforcement-style provisions that can prevent disputes later.
Watch: Utah Parenting Plan Overview and What to Include
If the conflict is happening alongside financial pressure, that combination can drive schedule fights. For related context, see our Utah alimony and child support guide.
Common Pitfalls to Avoid
Make-up parent-time disputes often go sideways for avoidable reasons. These are some of the most common pitfalls we see in enforcement-focused custody cases.
Pitfall 1: Treating make-up time like punishment
Judges tend to respond better to requests that look practical and child-centered, not vengeful. A proposal that disrupts school or creates chaos can backfire even if you were wrongfully denied time.
Pitfall 2: Not keeping a clear record
If your timeline is vague, your message history is missing, or you repeatedly agree to informal changes without documentation, it becomes harder to prove noncompliance.
Pitfall 3: Filing without understanding procedure
Even strong facts can get delayed if the wrong documents are filed or service is incorrect. Utah’s Motion to Enforce process has specific steps. :contentReference[oaicite:7]{index=7}
Pitfall 4: Ignoring safety concerns
If the dispute involves safety issues, threats, or domestic violence concerns, enforcement strategy should be evaluated carefully. Safety and protective orders can affect parent-time decisions. See our Utah domestic violence and protective orders guide for an overview.
Be specific: Courts decide enforcement disputes with dates, order language, and clear examples.
Stay child-centered: The best make-up time proposals protect routine, school, and stability.
Use process wisely: If denials are a pattern, enforcement plus plan clarification is often more effective than repeated arguments.
Next Steps
If you are dealing with missed parent-time, the most helpful first step is to get organized and decide whether this is a one-time schedule problem or an enforcement-level problem.
Confirm what the order requires
Focus on the schedule language, exchange rules, holidays, and any notice requirements.
Create a missed-time timeline
Dates, what happened, and what was communicated. Keep it simple and factual.
Make a reasonable make-up proposal
Offer specific options that fit the child’s routine and can realistically happen.
Get legal guidance early
Enforcement strategy often depends on the exact order language and the pattern of conduct.
Talk With Gibb Law About Make-Up Parent-Time and Custody Enforcement in Utah
Gibb Law provides clear, practical guidance for Utah families dealing with missed parent-time, enforcement disputes, and parenting plan problems. If you want help understanding your options, building the right evidence, and pursuing a child-centered remedy, our team can help you plan your next steps.
Schedule a ConsultationLegally Reviewed by Dustin Gibb, Kaysville & Clearfield Lawyer
This article was legally reviewed by Dustin Gibb, a Utah attorney serving Kaysville, Clearfield, and surrounding communities. Dustin brings practical experience in Utah litigation and motion practice, and he helps clients make informed decisions in family law matters where procedure and evidence shape outcomes. If you need guidance specific to your situation, contact Gibb Law to discuss your options and next steps.