Sometimes, an ex-spouse may still be holding onto some negative feelings after a divorce. But, no matter how negatively an ex-spouse feels, he cannot refuse to comply with the terms of the child custody order. If your ex-spouse is violating the child custody order, it’s important to understand what to do.
Common Violations of Child Custody Orders
A parent is violating the child custody order any time he goes against the rules outlined in the court-ordered agreement. Some of the most common violations include:
- Returning the child late
- Failing to pick up the child on time
- Refusing to return the child to you
- Taking the child without your permission
How to Handle A Violation of A Child Custody Arrangement
If your ex-spouse is not complying with the terms of the agreement, contact a family law attorney to discuss your options. An attorney may start off by sending a letter to your ex-spouse explaining which terms he has not complied with and the penalties he could face if he continues to violate the agreement. This letter will serve as proof that you tried to work out your issues with your spouse prior to taking further legal action.
This letter may be enough to convince your ex-spouse to comply with the terms of the agreement. But if the violations continue, talk to your attorney about filing a motion for contempt of court. Your ex-spouse will be required to appear in court to explain why he violated the terms of the agreement. If the judge finds him guilty of contempt of court, he may order your ex-spouse to pay a fine or spend time behind bars.
Sending a letter and then filing a motion with the court are the best ways to enforce the terms of your child custody agreement. However, parents always have the option of calling the police if they need an authority figure to intervene immediately. For example, if your ex-spouse takes the child without your permission and travels out of the country, call the police immediately. There’s no time to waste in this type of situation, so don’t wait to speak to an attorney or judge before taking action.
If your ex-spouse is not complying with the terms of the child custody order, seek legal representation from the attorneys at Adams Family Law today. Our family law attorneys will take legal action to enforce the terms of the agreement and hold your ex-spouse accountable for his actions. To schedule a consultation, call 513-929-9333 or email Steven@adamsfamilylaw.com.