A child custody order is put in place to establish regulations between separated parents. This custody order states what type of custody has been established, whether sole or joint. It can also include information as to the specified drop off and pick up locations of the children as well as the holiday schedule for the parents.
A child custody order is supposed to help separated parents raise the child in the child’s best interest. The court regulates these orders, so failure to comply can be a serious offense. If your ex is not obeying the child custody order, you can petition the court to enforce the order. Your ex will also be required to go to court and explain to the judge why he or she did not obey the order.
If your ex is not abiding by your child custody agreement, you have the following options.
Remind your ex about the agreement.Sometimes mistakes can happen, and if you want to give your ex the benefit of the doubt, you can remind your ex about the agreement and point out how he or she has disobeyed the agreement. It may have been a lapse in judgment, and you may find that a simple reminder will whip them back into shape and force them to be more responsible about obeying the order. If your ex has broken the agreement multiple times, or if your reminder doesn’t seem to help, you have other, stronger options you can use.
Call the police.If your ex is not abiding by the child custody order, you have every right to call the police. Police officers are required to ensure all laws are being abided, and if your ex is not abiding by the order, he or she can be arrested.
Contact your attorney.Your attorney can also help you resolve the issue of your ex’s lack of compliance. Your attorney can write a letter to the other parent reminding them of their legal obligation to obey the child custody order. This letter will show your ex that you are serious about their failure to comply, and it will usually remind your ex about what consequences they may face by not abiding by the child custody order.
File a contempt of court motion.Your ex’s failure to comply with the child custody order is negligence of the court’s ruling. Filing a contempt of court motion shows the court that your ex failed to obey the order, and your ex will now face legal consequences due to their actions. In this situation, your ex will need to appear in court and explain why he or she did not obey the order. National Family Solutions can review these types of rulings, and if the judge finds that your ex is in contempt of court, your ex could lose any custody rights they previously held as well as serve jail time.