When custody and visitation orders are put in place, they are meant to be followed. This is why, if you have an order in place, you may wonder what to do if your husband or wife violates it. Many people think that you must instantly contact the police, but this is not always the case. Depending on the attitude of your local law enforcement, very little may be done about the order, as law enforcement officials will sometimes claim that these are matters that must be settled in court. If police are not willing to become involved in your case, you may have options.
Working Through Enforcement
In many cases, the court wants you to work things out between your ex for the best results. The courts expect both parents to communicate properly and act reasonably under all circumstances. If you rush to court over something minor and that does not actually harm the child, then it could backfire on you. This is why it pays to make sure you are positive that court is the only way to enforce your order and solve the issues at hand.
When you believe that enforcement through the court is your best option, there are some things that you must remember. First of all, you should be prepared to present credible evidence of the violation, not just go off of the accusations. You want to remain credible in your case, so make sure that there is evidence of the harm done, such as a parent keeping the child from you when they aren’t supposed to, causing them to miss special events. If you allege that a parent is bringing the child to school late, show attendance records. The proof will help you out more than anything in these cases.
If there is a clear violation of the order, the judge in your case will follow up accordingly. They may change the custody arrangements in a new order, especially if one parent is being uncooperative. They could impose a monetary fine or imprison the parent if the contempt of order brought real harm to the child. Judges will mostly avoid punishing children by reducing the time the child has with the other parent. However, very real issues must be brought to light to protect your child. Call us today if you believe that your ex-spouse has violated your custody order and you need our help.
