What to do if someone isn’t following a custody order

If you are faced with a situation where the other parent to your children is not following a custody order that has been entered by the Court, there is a way to bring the action back to court to help ensure that the custody order will be followed and the other parent will be punished for the violations.

If the other parent to your child or children has not been following a custody order entered by the court, you can file a Motion for Contempt. Court orders are enforceable by the contempt powers of the court. If someone is not following provisions of a court order, they can be brought back into court and punished. If the other parent to your children is not following the custody schedule or violating one of the provisions in the custody order, you can file a Motion for contempt and have them brought into court and punished for not following the order. It is important for you to keep track of all of the specific times and dates that the other parent has violated the order. Each violation can be alleged in the Motion to show the court that the custody order is not being followed.

Common violations of a custody order include: one parent keeping the children from the other parent, even though there is a court ordered custody schedule in place; one parent bashing the other parent in front of the children; or one parent not allowing the children to talk on the phone to the other parent, even though the custody order provides that they can. Depending on what language is in your custody order, there will most likely be other provisions that are being violated as well. Be sure to keep track of each instance that is a violation of your court order because each of these will help you be successful in winning a Motion for Contempt.

If you are successful on a Motion for Contempt, you may also be able to recover any attorney fees you acquired for having to file the motion and bring the action to court. If you are faced with this unfortunate situation, contact King Law and we will be glad to assist you.