Custody orders guide co-parenting relationships. Parents who divorce or separate must work out arrangements for dividing their parenting time and their legal authority. Many separated or divorced parents are able to set their own terms by cooperating with one another and then pursuing an uncontested custody order in family court. Occasionally, the family courts must settle disputes between parents and determine what custody arrangements are in the best interests of the children.
Once there is an official court order in place, both parents should uphold the terms guiding their shared parental authority and parenting time. Occasionally, one parent refuses to follow the custody order. In such cases, enforcement actions may be necessary.
What steps must parents take to ask the courts for enforcement of a custody order?
1. Gather adequate evidence
A parent alleging violations of a court order related to custody must have documentation supporting their claims. Evidence could include text messages canceling parenting sessions or documentation proving that they showed up for visitation or parenting time, only to get turned away without warning. Photographs, detailed journals and digital records, such as dated selfies taken at the drop-off location, to follow the terms included in a custody order.
2. Request compliance from the other parent
In some cases, non-compliance with a custody order may be accidental or subconscious. One parent may fail to consider how their behavior impacts the children or the rights of the other parent in the family. In some cases, a discussion about a pattern of canceled or shortened visits could lead to an amicable resolution and adherence to the custody order.
3. Petition the courts for enforcement
If the other parent does not acknowledge the issue or refuses to change their behavior, then going back to family court is generally the best option. During custody enforcement proceedings, a judge reviews the documentation of the violations that occur.
The petition requesting enforcement generally needs to outline exactly what violation occurred and what enforcement support the petitioning parent wants to receive from the courts. A judge can theoretically order makeup parenting time. They can reallocate the division of parenting time or decision-making authority. They can also hold the noncompliant parent in contempt of court in some cases. The nature of the custody order violation and the family history are among the factors that influence what solutions the judge ultimately offers.
Parents feeling frustrated about regular or significant custody order violations may need assistance navigating the family courts and enforcing their parental rights, and that’s okay. Requesting custody order enforcement can be a complicated process, but parents who follow the proper procedures can protect their time with their children despite a co-parent’s attempt to interfere.