It can be a huge relief when a judge finally signs off on your custody and visitation orders. You have a schedule, rules and expectations in place. But what happens when the other parent doesn’t follow the court order? It can be frustrating and scary, but you have options.

Examples of custody order violations

Not every disagreement between parents is a violation of a custody order. For instance, minor deviations from the schedule or occasional disputes over trivial matters are not typically considered violations.

However, some common examples of what a custody or visitation violation might entail include:

• Not returning the child at the agreed time
• Refusing to let the other parent see the children when they’re scheduled to
• Taking the child out of the state or country without permission
• Interfering with the other person’s parenting time
• Failing to communicate about important decisions

Actions like these can disrupt your child’s routine and create tension between parents.

Ways to compel compliance

When a parent doesn’t follow the custody order, there are several remedies available under state laws:

• Contempt of court: This legal action can be taken if a parent willfully disobeys the court order. It may result in fines or even jail time.
• Make-up visitation: Courts can order additional visitation time to compensate for missed visits.
• Modification of custody: If violations persist, you might seek a modification of the custody arrangement.
• Other enforcement actions: The court can also order the other parent to pay your attorney’s fees or attend parenting classes.

These actions can help ensure compliance and protect your rights as a parent.

Steps to enforce a court order

Start by talking directly to the other parent, if possible. Sometimes, open communication can resolve issues without further action. If this doesn’t work, consider these steps:

• Document all violations with dates and details.
• Consult with a family law attorney to understand your options.
• File a motion for enforcement with the court.

Taking these steps can help you navigate the process more smoothly. It’s essential to act quickly. The sooner you take action, the easier it can be to find a solution and move forward. 

While it can be frustrating when a co-parent doesn’t follow a custody order, Texas law provides several ways to address the situation. Understanding your rights and taking appropriate action can protect your children and your time with them.