There are many instances in which an ex could break the court order that you’ve had established by the court. Let’s say, for instance, your ex prevents you from seeing your child even though you have joint custody. You may wonder if you can just go and pick your child up anytime, such as intervening while they are at school. The truth is, this is not a good idea, as this would not be considered “your” custody time – so you should take the proper steps to enforce your order.
The Steps Toward Enforcing a Custody Order
When you have been denied your rightful time after a court order has been established, there are many things you should do. The first option is to hire a custody attorney if you have not done so already. The fact that your ex just doesn’t “want you to see the child” is not relevant in whether or not they allow you to have your time with the child. A parent has to put their personal feelings aside to abide by what appears on the order and there could be consequences if the order is violated.
If the other parent breaches the custody order and does not allow you time with your child, then you have options. The best option to move forward is a motion to comply, which is filed with the court. This goes hand in hand with a motion to hold the noncustodial parent in contempt of court. The court will generally hold a hearing and the parent will have an opportunity to speak to the judge about their actions and why they have done it.
Penalties for Contempt
It is important to understand your rights in these matters and what could potentially happen to the other parent. The other parent will usually have to pay legal fees associated with the contempt of court motion and more. You may also be granted more visitation time to make up for what you have lost. Either way, you should contact us today to speak to us about custody matters, as we have experience in these cases. We are waiting to hear from you.
