A custody order sets expectations and can assist in creating the routine that your child needs. Yet, your custody order is only as powerful as it is enforced. All too often parents try to skirt the terms of a custody order, usually to the detriment of the other parent and the child.
They might fail to make the child available for visitation with the other parent, prevent contact through phone and electronic mediums, and fail to keep the other parent informed about important events that affect the child such as medical appointments and extracurricular activities.
If your child’s other parent consistently violates the court’s custody order, then you’re probably angry and frustrated. You might also be worried about how those violations are impacting your child and your relationship with them. These are legitimate concerns, which is why you need to take action to remedy the situation. But what can you do?
Your options when your child’s other parent violates a custody order
You have a couple of options to hopefully remedy the situation. This includes:
- Negotiating resolution with the other parent: In some instances, the other parent just needs to understand that they’re in violation of the custody order and the impact it’s having on you and your child in order to change their behavior. If there are barriers to compliance that can be easily resolved, then try to hash them out with the other parent before dragging everyone back into court.
- Holding them in contempt: If negotiation is unsuccessful or simply isn’t possible, then you may need to file a motion for rule to show cause, which seeks to have the other parent ordered into court to show cause for why they shouldn’t be held in contempt for violation of the court’s order. While the purpose of civil contempt is to coerce compliance with an existing custody order, the court may also order the other parent to pay attorney fees, schedule make up visitation, or even participate in services to address their behavior.
- Seeking modification: When the other parent has a demonstrated inability or unwillingness to abide by an existing custody order, then you might have a strong argument that they’ve consistently acted contrary to the child’s best interests. This is a basis for seeking a custody modification. Through a modification, you might be able to acquire primary or sole physical custody of your child, or you could restrict the other parent’s visitation and contact with the child.
How can you prepare yourself to address custody order violations?
The key thing to keep in mind is that, regardless of which approach you take to resolve the issue, you’re going to need evidence to back up your claims and your arguments. So, document all communications that you have with the other parent as well as your child’s reactions to custody order violations. Also, think about how you can articulate your attempts to remedy the issue and retain meaningful contact with your child. Be as thorough and as detailed as you can when crafting your legal arguments.
Don’t let the other parent take advantage of you and harm your child
Your child’s wellbeing is on the line in a custody dispute. If the other parent fails to abide by an existing court order, then they have blatantly acted in a way that is contrary to an arrangement that the court has already determined to be in the child’s best interests. This is unacceptable, which is why now is the time to act to secure accountability and to protect your child.