What To Do If My Ex Disobeys A Child Custody Order?
Parents are obligated to comply with the terms of a child custody order and parenting plan upon divorce. Unfortunately, it is not uncommon for parents to disobey custody orders following a divorce.
If your ex-spouse is not following the court order, you can file a motion to hold them in contempt of court. If the other parent is found in contempt of court, a family law judge may impose harsh penalties. The non-compliant parent may even lose their custody or visitation rights.
Speak with an Orlando timesharing and parenting attorney if your ex refuses or fails to comply with the court order. Our family law attorneys at Donna Hung Law Group will review your situation to advise you on your options.
What to Do if the Other Parent Doesn’t Follow the Child Custody Order?
If your former spouse is not following the court order, you have a right to hold them in contempt of court. Before taking legal action, it is advisable to consult with an experienced attorney to talk about your unique situation.
After a consultation, your lawyer may advise you to take the following steps:
- Send a formal letter to the other parent
The first thing to do when the other parent disobeys a child custody or timesharing order is to send a letter asking your ex to obey the order. The letter should specifically detail the alleged violations of the court order. Ask your lawyer to assist you in drafting the letter.
- Try mediation
If your ex-spouse continues to disobey the child custody order, try resolving the dispute through mediation. Mediation is a cheaper and less stressful alternative to litigation. Speak with an Orlando mediation lawyer to facilitate negotiations with your former spouse.
- Initiate a civil contempt/enforcement proceeding
If the other parent has failed to comply with the court order multiple times and is not willing to resolve the dispute amicably, consider initiating a civil contempt or enforcement proceeding in the court. Your attorney will help you file motions and prepare the necessary paperwork to initiate the proceeding.
- Document violations
Every time your former spouse fails to comply with the child custody order, document those violations. You should write down when and how the other parent has disobeyed the order.
- File a civil contempt of court case
As mentioned earlier, any party who is obligated to follow a court order will be held in contempt of court for their disobedience. If the judge confirms that a parent has disobeyed the court order, that parent will be held in contempt of court and could face criminal penalties.
Speak with an Orlando Timesharing and Parenting Attorney
If your ex-spouse is not following the custody or timesharing order, do not hesitate to contact a skilled attorney to explore your options. At Donna Hung Law Group, our Orlando timesharing and parenting attorneys are committed to assisting clients in enforcing court orders and holding non-compliant parents in contempt of court. Get a consultation by calling 407-999-0099.