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Is your ex violating the custody agreement?

On Behalf of | Feb 3, 2023 | Family Law |

The custody and visitation order issued in your divorce clearly defines the schedule for each parent’s time with the child. Court orders are legally binding agreements. When one parent violates the court order for any reason, that can lead to contempt of court.

There are a few things you should do if the other parent is violating your custody and visitation order.

Document every deviation

Any time your ex deviates from the custody agreement, whether they refuse to drop the kids off, cancel their scheduled visitation or return the children late after their scheduled visitation, document it. Keep a notebook, take videos with timestamps and gather as much evidence as possible.

Communicate in writing

When your ex violates the custody agreement, notify them in writing of the violation and your expectations to resolve the problem. Notify them that you will seek legal remedies if they do not resolve the problem.

Petition the court for contempt

With the evidence you gathered and the proof of notification, you can ask the court to find your ex in contempt. The court can issue a revised order or penalize them for their default. Sometimes, legal intervention is the only way to settle the issue.

Remember that court orders are enforceable and you have the right to do so. With sufficient documentation and the right contempt petition, your ex must answer for their violations of the agreement. Children need consistency, especially after a divorce. Hold your ex accountable when they fail to adhere to the agreement.