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What to do if your ex-spouse is not complying with the custody order

On Behalf of | Aug 6, 2024 | Child Custody |

Divorce can be a challenging experience, especially when children are involved. Custody arrangements are crucial to ensure the well-being of the children and provide a stable environment. However, issues may arise if one parent does not comply with the custody order.

Is there anything you can do about it?

If your ex-spouse is not following the custody order, document each instance of non-compliance. Keep detailed records of missed visitations, late returns and any communication regarding the issue. Next, resolve the matter amicably by discussing the situation with your ex-spouse. If this approach fails, you may need to file a motion with the court to enforce the custody order. The court can then take steps to ensure compliance, such as scheduling a hearing to address the issue.

Penalties for non-compliance

Non-compliance with custody orders can result in severe consequences for your ex-spouse. Some potential penalties include:

  • Contempt of court: This can lead to fines or even jail time.
  • Modification of custody arrangement: The court might change the custody arrangement to favor the compliant parent.
  • Make-up parenting time: The court may order additional parenting time to compensate for missed visits.
  • Community service: Sometimes, the court may order the non-compliant parent to perform community service.

These penalties aim to enforce the custody order and prioritize the child’s best interests.

Taking legal action

When dealing with a non-compliant ex-spouse, you may want to seek a legal professional. They can guide you and represent your interests in court. By taking legal action, you can ensure that your ex-spouse follows the child custody arrangement and your child’s well-being is protected. If the situation escalates, having an attorney on your side can make a significant difference in resolving the issue effectively.