Ignoring a custody or visitation order—commonly called a visitation or custody court order violation—can bring serious consequences in Missouri. These can have great impacts on the parents and on the family as a whole. As the state’s law shows, a judge can punish you if they find you intentionally disobeyed a decree.
Possible penalties include:
- Contempt of Court: A judge can hold you in contempt if you willfully fail to comply with the custody plan. According to Johnson v. Johnson, 668 S.W.3d 316, contempt can involve fines or even jail time in extreme cases. The law allows a “per diem” (daily) fine until you follow the order, or you could face short incarceration if the judge believes no other remedy will work.
- Compensatory Visitation: If you deny your child’s other parent the scheduled visits, the court can order extra or “make-up” time for them to see the child. The goal is restoring what was lost and ensuring the child gets ongoing contact with both parents. The judge might also require counseling for the violating parent if they’re creating emotional barriers.
- Fines and Other Costs: Missouri courts can impose a fine of up to $500 on the non-compliant parent. In Smith v. Smith, 682 S.W.3d 126 and Schutter v. Seibold, 632 S.W.3d 820, courts confirmed that if you cause the other parent to spend money (like extra babysitting costs or travel expenses), you may have to pay them back.
- Posting Bond or Security: In some cases, the court can require you to post a cash bond or security. If you violate the order again, you risk forfeiting the bond.
- Counseling to Reestablish the Relationship: Sometimes, ignoring a visitation plan damages the child’s bond with the other parent. In such cases, a judge can order you to pay for therapy or counseling sessions to fix that relationship.
Overall, the court’s key concern is the child’s best interest standard. If your actions harm the child’s emotional well-being or disrupt their connection with the other parent, a judge may respond harshly. Repeated violations can even lead to modifications of the existing custody arrangement, possibly reducing your time with the child.
Remember that ignorance of the law is no excuse for a violation. If you have any questions about whether an action (or inaction) may be considered a violation, you should contact a lawyer promptly. It is better to be sure than to take any steps that could later have negative consequences on your rights as a parent.
What Can You Do if Your Child Custody or Visitation Order Was Violated?
If you’re on the receiving end—meaning the other parent is disregarding the plan—Missouri law lets you take specific steps to enforce the order:
File a Motion for Contempt
A contempt motion is for when you believe the violation is willful and ongoing. Once filed, the court schedules a hearing. If the judge agrees the other parent intentionally violated the order without reason, they might impose fines, jail, or counseling. This approach is spelled out in Johnson v. Johnson, 668 S.W.3d 316.
Family Access Motion
If you’re denied your court-ordered time “without good cause,” you can file a “family access motion.” The court will review your claim quickly, often faster than a contempt hearing. If the court finds the other parent indeed refused to follow the plan for no valid reason, it can order “compensatory visitation,” direct them to pay costs, or even require the parent to undergo counseling. Smith v. Smith, 682 S.W.3d 126 and Schutter v. Seibold, 632 S.W.3d 820 confirm these remedies.
Potential Modification
If the other parent consistently or seriously violates the plan, you might ask the court to adjust custody. The court could change physical custody or legal custody if the repeated violations harm the child’s stability. These types of child custody decisions are more likely if the other parent’s behavior shows they’re unwilling to let the child have a meaningful relationship with you.
Good Cause Exception
Sometimes, a parent has a genuine reason for not complying—maybe the child was hospitalized or a sudden emergency prevented the exchange. In such cases, the judge might consider it “good cause,” so no punishment. But you’d need to prove the emergency or issue was real and not an excuse.
How Can I Avoid a Child Custody or Visitation Dispute?
The best way to avoid returning to court for a visitation or custody court order violation is to follow the order and communicate well with the other parent. Here are tips to keep conflict low:
Stick to the Plan
If you need to change a weekend or vacation day, ask politely and document any agreement in writing (like a text or email). Don’t make changes on your own. Judges look negatively on unilateral decisions that disrupt the child’s routine.
Communicate Respectfully
Use calm, clear texts or emails to coordinate pickups, drop-offs, and holiday schedules. Keeping a paper trail helps if disagreements surface later. Angry or vague messages can lead to confusion or suspicion.
Use Mediation for Small Problems
If you see conflicts brewing (like you think the other parent might withhold the child), suggest mediation or counseling before it escalates. A neutral mediator can help both sides find a solution, and it’s often cheaper than litigation.
Follow the Child’s Best Interest Standard
The court’s top priority is ensuring the child’s emotional, physical, and mental well-being. By aligning your actions with the child’s needs, you’ll not only reduce friction but also appear cooperative and child-focused if any dispute does land in court.
Keep Personal Issues Separate
Custody orders exist for the child’s benefit. Don’t withhold visits as “punishment” for personal arguments with the other parent. The judge might see that as harmful to the child. If the other parent’s behavior truly endangers the child, then you can consider legal action, but do not block visits for lesser reasons.
All decisions must be made in the child’s best interest, not the interests of either parent. This includes any decisions that may impact visitation schedules or visitation rights.
Seek a Modification if Circumstances Change
If your job schedule, living situation, or the child’s needs shift significantly, consider a custody modification. This ensures the order still suits the child’s schedule. Acting unilaterally can look like you’re ignoring the plan.
When parents comply with the order and tackle minor issues early, they usually avoid a big court battle. If the other parent is uncooperative or you have bigger fears—like potential abuse or ongoing violations—reach out to a local attorney in Missouri for a legal consultation.
Should I Get a Family Law Attorney To Help With My Child Custody or Visitation Dispute?
If you need help enforcing or defending a custody plan or want advice about avoiding a visitation or custody court order violation, connect with a Missouri child custody lawyer through LegalMatch.
A local attorney in Missouri can offer personalized guidance, ensuring you follow the law and protect your child’s best interests. Family law issues such as modifying a child custody or visitation order can be complex, and may involve several different laws. Contact a lawyer if you need assistance with any of these matters.
