What Happens If a Parent Does Not Follow Custody Agreement

If a parent does not obey a custody decision, the court may keep him or her in contempt of court. For example, if the custodial parent refuses to allow the non-custodial parent to see the child under the court order, or if the custodial parent attempts to alienate the child from the other parent, the non-custodial parent may file a contempt order with the court. On the other hand, if the non-custodial parent does not return the child to the custodial parent in a timely or not at all timely, or intentionally and repeatedly violates visitation hours, the custodial parent may file an application for non-compliance. Although parents are expected to follow custody orders, the court does not appreciate it when they are forced to deal with very minor violations that could be resolved by the parents themselves. You should definitely go to court if custody orders are constantly flouted, but going to court for a very small violation can actually backfire. The letter is where you make a legal argument to explain why you are asking the court to hold a hearing. Your legal reasoning should be based on what the law says and the facts of your case. For example, a letter might say, “The parenting plan ordered by this court says I will have my child on the weekend. The other parent didn`t allow me to see my child on the weekend. I showed up at the agreed exchange place 3 times, and the other parent never arrived.

The other parent is not following the parenting plan and should be asked to show why they are not following the plan. “If you have to go back to court, you have to keep accurate records of all visiting violations. Keep a journal or mark a calendar with the dates and times when the other parent didn`t follow the order and wasn`t posted, or showed up too late or caused other problems. A default judgment occurs when the judge makes a decision without the other party providing a response or answer. You can request a default verdict using a motion packet. In your standard application, you can ask the court to schedule a hearing because the other parent has not submitted a response to your application within 14 calendar days of service. Talk to a lawyer. A lawyer can help you understand your options on what to do if the other parent is not following a parenting plan.

Lawyers are familiar with the judges and the process. A lawyer can help you understand which facts are most important and relevant to your case. A lawyer can help you understand how to show court evidence. A lawyer can also help you understand the laws that a judge will review when reviewing your case. If your ex does any of the following, they may not follow custody orders: If there is evidence that a violation has occurred, it depends on what can be done, what happened. Penalties for child abduction are very different from penalties for constant refusal to attend your parental leave. It`s a good idea to talk to a lawyer before filing court documents. Follow your lawyer`s advice before, during, and after court documents are filed. Typically, the court documents you submit are a written request for a hearing to show a reason. The “motion to show cause” asks the court to schedule a hearing for the other parent to explain why he or she did not follow the plan. In your motion to show cause, you need two things: a short statement and an affidavit.

When a judge makes an order on the custody and access of children, it becomes a court order and has the force of law. Contact the court where your child`s custody order was issued and check if there is a family office or family office and if they offer mediation services. This could help you and your ex solve your problem without having to go to court. Custody violations can have serious consequences and be incredibly frustrating for the party dealing with these violations. What can be done for these other violations also varies. The period of custody with the injured parent may be limited and additional compensation may be granted. For example, the injured parent may have to attend appropriate classes, pay fines, and undergo random drug testing. .