Custody orders in California are legally binding orders issued by a court that are legally binding on the parents. Violating a court order regarding custody and visitation may lead a parent to have legal issues and co-parenting conflicts. It is important for a parent to be familiar with their custody order and to understand clearly what it requires them to do. All orders are not the same, but they all require compliance with their provisions.
A judge prepares a custody order so that it addresses the unique circumstances of the parents and children in each case. That is why a person wants to have a clear understanding of the order that applies to them.
A person should have participated in working with a judge and the other parent of their child on determining the contents of their order. A court makes child custody decisions according to the child’s best interest standard in California. So, for example, visitation times should be based on the parents’ work schedules and the child’s school and extra-curricular schedule. It should work for the family involved.
What Can You Do if Your Child Custody or Visitation Order Was Violated?
If the other parent of an individual’s child violates their child custody order, the individual first wants to document the violations in case they need to go to court. The parent wants to keep all text messages, emails, voicemails, pictures, and videos that could be used as evidence of any events relevant to the violations.
A parent would also want to keep a diary of events, including dates, with narratives of relevant events and the names and contact information of any other people who may have been present.
All occasions on which the other parent failed to comply with the court order should be documented in detail. It is important to recognize that every minor failure on the other parent’s part to stick to the order would probably not be viewed as significant by a court.
However, violations that are especially disruptive and severe would be important to a judge if a parent makes a motion to enforce the order. Repeated or continuous violations should be documented so as to show a pattern of behavior. A clear pattern of violations would be more persuasive to a judge and show that the other parent has not complied with the terms of the order as required, so the court needs to intervene.
There are situations in which a parent might call the police to respond to a custody order violation. For example, if one of the parents fails to return the child to the other when a visitation period has come to an end. Or, of course, if one parent engages in conduct that creates a risk of harm to the child or others, is illegal, or constitutes neglect of the child, then the other parent should call the police who can respond to ensure the child’s safety.
Generally, however, the police are not the answer to a custody order violation. Violations of custody orders are considered to be civil matters that should be addressed in a civil court. Again, the police would only respond in very few situations in which a child’s safety and security might be at issue. Otherwise, a dispute involving a custody order must be resolved in court.
A better option is filing a motion in court to enforce the custody order. Such a motion is essentially a request to the court to ensure that the other parent respects the order. A court would hold a hearing and review the situation to resolve the problem. Both parents have the opportunity to present evidence regarding the existing situation and any violations that have occurred.
A judge may respond in one of several ways. They may remind the parent who has violated the order that they must obey the terms of the order. However, the court also has the option of imposing consequences on the parent who is guilty of violations. Or, it might modify the terms of the custody order if the violations originated in the fact that the order does not work for the family.
Another available legal option is a contempt hearing. If a parent requests a contempt hearing for custody order violations, the court must decide whether the parent violated the order willfully and intentionally. If the court finds that the parent is guilty of willful and intentional violation, they would find the parent to be in contempt of court.
A parent who is found by a court to be in contempt of court for visitation or custody court order violation may be fined or even spend time in jail.
Parents may also use mediation and other methods of conflict resolution, including informal negotiations, to resolve custody and visitation issues. These processes allow parents to communicate with each other in order to reach a resolution that works for the family. If dispute resolution approaches are not successful, then a parent may always file a motion in court.
How Can I Avoid a Child Custody or Visitation Dispute?
As noted above, the first important thing to do to avoid a child custody or visitation dispute is to be familiar with their custody order and understand what it requires each parent to do. A parent should read theirs, ideally in time to ask the judge and their lawyer questions about how it should work, if they have a lawyer. If a person honestly does not understand an order that applies to them, they want to consult with a local attorney in California for help.
They should understand that they are expected to do what the order says. An order of the court is supposed to be obeyed. There are negative consequences for failing to obey one.
If one parent is always late for visitation appointments, fails to show up altogether or makes medical decisions without any consultation with the other parent when the other parent also has a right to participate in decision-making, the violating parent could face legal consequences.
A parent would not be excused from a violation by claiming that they did not know what the order required of them. Again, as noted above, this is why it is critical for a parent to understand what their court order demands of them.
If a custody and visitation arrangement does not work for a parent, they want to ask a California court for modification of the child custody or visitation. They must continue to obey an existing order until a court changes it and issues a new order. A legal consultation would be of help. A California lawyer would be able to explain how to change a custody order that simply does not work for one or both parents.
Should I Get a Family Law Attorney To Help With My Child Custody or Visitation Dispute?
If you have continuing problems with a co-parent’s violations of a custody order, you want to consult a California child custody lawyer. Your lawyer can help you document violations and identify the best possible approach to getting a meaningful solution so your court order works for you and your family.
