Every custody order contains unique terms. For example, the breakdown of parenting time typically reflects the unique schedules of the different family members. The parents trying to divide their responsibilities or the judge hearing a litigated case may invest significant effort into the creation of arrangements that are appropriate for everyone in the family.
Despite all of the work that goes into the establishment of a custody order, many parents resent the obligation to cooperate with a co-parent and share parental responsibilities. Some people make major decisions about their children without getting input from their co-parents despite sharing legal custody. Others might ignore the breakdown of parenting time by canceling the other adult’s parenting sessions or intentionally diminishing their opportunities to interact with their children.
In scenarios where there have been repeated, frustrating violations of a custody order, one parent may want to hold the other accountable. What does that process typically involve?
Documenting the violations
Anyone attempting to assert themselves in the court system generally needs proof of actionable circumstances. In a custody dispute scenario, there can be multiple valuable sources of evidence. Written communication with the other parent can show that they made major decisions without co-parent input or intentionally reduced the other parent’s access to their children. School and medical records can also help support those allegations. Even a personal journal of every time that parenting sessions start late and end early can help prove that one parent has not upheld the custody order in good faith.
Communicating calmly about the issue
Occasionally, one parent who has a pattern of ignoring or undermining the custody order may not recognize the pattern in their own behavior. What they view as sporadic, minor disruptions may actually be much more serious when looking at the repeated pattern of behavior. In some cases, parents confronted with evidence of how they have violated a custody order are eager to make appropriate changes. If they still do not correct their conduct, then it may be necessary to take the matter to court.
Asking for judicial support
When a parent refuses to acknowledge their violations of a custody order or when they make minor adjustments but then rapidly backslide into the same behaviors, the best path forward may involve going back to family court. Family law judges have the authority to enforce custody orders. A judge could order makeup parenting time or even reverse decisions previously made without the input of one parent. In more severe cases, they could hold the non-compliant parent in contempt of court or even modify the custody order. Any of these solutions can provide a concerned parent with an opportunity to improve their dynamic with their children and make use of their parental rights.
Discussing compliance issues concerning a child custody order with a skilled legal team can be the first step toward correcting the problem. Parents frustrated by repeated custody order violations may need help asserting themselves, and that’s okay.
