Sometimes parents refuse to comply with a child custody order, even though doing so could have legal consequences. Fortunately, there are legal options to get the other parent to comply with a court order.
It can be frustrating to co-parent with a person who is unwilling to follow the rules set by the court. Not only is it stressful for the other parent, but it can be upsetting for the child who is used to seeing their parents on a regular basis. If this is happening to you, your first step should be to contact an attorney familiar with custody enforcements.
There are 3 actions you can take if the other parent isn't honoring a custody arrangement:
contact the police and ask them to enforce the order;
contact the district attorney and ask them to enforce the order; or
file an action of contempt with the court, asking them to enforce the order.
Enforcing the Order
The first step in the enforcement process is to file a petition with the court. This petition should officially ask the court to enforce the order and possibly hold the other parent in contempt. When someone is held in contempt of court, they must appear before the judge or face jail time for failure to do so.
The next steps may include:
The other parent paying a fine for noncompliance.
The other parent spending time in jail until they agree to appear before the court.
The court may choose another penalty it deems appropriate.
It's important for the parent who is seeking enforcement to continue upholding their side of the custody arrangement or to continue paying child support. Failure to do so on this side may cause the court to issue penalties to both parents.
Helping Our Clients Maintain a Relationship with Their Children
At Camille Borg Law PLLC, our attorney can help you file the correct paperwork and get your case seen before a court. Furthermore, we will represent and advocate for your best interests as we seek an outcome of your case.