When a custody or visitation order is in place, both parents are legally required to follow its terms. Unfortunately, violations do happen. Whether it’s a missed exchange, interference with scheduled time, or refusal to return the child, violations of court orders can be stressful, emotionally charged, and disruptive to a child’s stability.
If you're dealing with a parent who is violating a custody or visitation order, it's important to know your rights—and the steps you can take to enforce them.
Common Types of Custody and Visitation Violations
Not every mistake or scheduling hiccup is a legal violation, but consistent or intentional breaches of the order can justify court action. Common examples include:
- Refusing to return the child after scheduled visitation
- Denying court-ordered parenting time without cause
- Taking the child out of state without permission or notice
- Failing to follow drop-off or pick-up arrangements
- Interfering with communication (calls, video chats, etc.)
- Making unilateral decisions that require joint legal custody (e.g., school changes, medical care)
Violations may be minor and repeated, or serious and urgent—but in either case, the court can step in to protect the custody agreement and your child’s best interests.
Step 1: Document the Violation
Before taking legal action, it's essential to document every incident. Courts rely on facts, not feelings, so you need to create a clear, verifiable record of what’s happening.
Document:
- Dates and times of violations
- Missed visits or denials of access
- Screenshots or copies of texts, emails, or call logs
- Notes about any emotional or behavioral impact on the child
Avoid emotional exchanges or threats—keep all communication respectful and focused on the child.
Step 2: Try to Resolve the Issue Privately (When Safe)
If the issue appears to be a misunderstanding or scheduling conflict—and if it’s safe to do so—consider addressing it directly with the other parent. A polite, written message asking for clarification or correction can often resolve a one-time mistake.
However, do not attempt to “get even” by violating the order yourself. Courts do not support self-help strategies like withholding support, blocking visitation in retaliation, or escalating conflict.
Step 3: Consult Your Attorney
If violations continue or the situation escalates, consult with a family law attorney immediately. An experienced attorney can help you understand your legal options and prepare your case for enforcement.
You may have grounds to:
- File a Motion for Contempt of court
- Request make-up parenting time
- Ask for a modification of the custody order
- Seek sanctions, legal fees, or other remedies
If the child is at risk of harm, your attorney can help you pursue emergency relief through the court.
Step 4: File for Enforcement or Contempt
In most states, repeated or willful violations of a court order can result in a finding of civil contempt, which may carry serious consequences for the violating parent, including:
- Court-ordered compliance
- Fines or attorney’s fees
- Parenting time modifications
- Supervised visitation
- In extreme cases, jail time
Courts do not take violations lightly—especially when they interfere with the child’s well-being, cause instability, or reflect an ongoing pattern of disrespect for court authority.
When Violations Involve the Child’s Safety
If you believe your child is in immediate danger or has been unlawfully kept from you (also known as parental kidnapping), contact law enforcement. You may also be eligible to file an emergency custody petition, especially if the other parent has:
- Abducted or concealed the child
- Made credible threats of harm
- Exposed the child to abuse or neglect
Always prioritize safety, and work with both legal and law enforcement professionals to act appropriately and within the law.
Final Thoughts
Custody and visitation orders exist to provide structure, stability, and protection for children. When one parent repeatedly violates that structure, it not only undermines your parental rights—it disrupts the child’s emotional security and trust in both parents.
If you're facing repeated violations, don’t stay silent. There are legal remedies available, and enforcing the court order may be the best way to protect your child and re-establish respectful co-parenting boundaries.