Custody disputes often continue long after a divorce is finalized. Parents might continue to squabble or, even worse, use the children to get back at their ex. We regularly receive calls from former clients complaining that their ex is not following the court order regarding custody. What to do? Below, we look at what happens if a parent doesn’t follow the custody order. We invite you to contact Remington & Dixon to speak with our Charlotte, NC child custody lawyer.
Consequences of Not Following Court Order Child Custody
The custody order should lay out all sorts of requirements for each parent to follow regarding child custody. A parent might violate this order in different ways:
- Keeping the child beyond the time allowed by the order
- Failing to return the child to the other parent on time
- Interfering with the other parent’s attempt to communicate with their child
- Failing to inform the other parent of milestone events or other important information
- Refusing to get the other parent’s consent as required by the order
- Relocating to a different state with the child
Parents who are disadvantaged do not have to sit quietly as their ex violates the order. Instead, there are various remedies available under N.C. Gen. Stat. 50-13.3 and other sources of law.
Contempt
A court might find a parent in contempt for a custody court order. Generally, the violation must be intentional or willful. For example, a parent who simply refuses to bring the children to the drop-off spot has intentionally failed to follow the court order. Conversely, a parent who is involved in a car accident along the way is obviously not to blame for failing to get the children to you for visitation.
Contempt can be civil or criminal and can include fines or even time in jail.
- Civil contempt. This is remedial. The parent who refuses to follow the court order can be fined or suffer other sanctions, but they can “purge” the contempt by agreeing to finally follow the order.
- Criminal contempt. This type of contempt is punishment for blatant violation of court orders.
Make-Up Visitation
A court might award more time with the children to make up for missed visitation. For example, the other parent might have refused to hand the children over for several months. A judge might award an extra month of time together in the summer to make up for these past violations.
Child Custody Modification
A judge could also modify child custody because of repeated violations of a custody order. The court could change primary custody or reduce a parent’s visitation for failing to comply.
However, a modification will only be made if it is in the child’s best interest. This is a multifaceted legal standard. Work with an experienced custody attorney to build an argument for how modified custody will benefit your children.
Criminal Charges
In extreme cases, a parent who violates a court order might face criminal charges. Typically, criminal charges are a last resort and only appropriate for continued violations or extreme cases where a parent abducts a child.
Steps to Take if the Other Parent Interferes with Custody
These disputes are often complicated. In the usual situation, the other parent doesn’t come out and admit they are violating the order. Instead, they constantly claim your child is “sick” or that something unexpected came up, so you can’t see your child. The other parent might also refuse to put your child on the phone. You suspect the other parent is making up a story.
We recommend that parents do the following to help their case:
- Document the failure to comply. You need proof that you were willing and able to take possession of a child. For example, your parenting plan might state that you agree to pick up the children at the local McDonald’s on Friday evening. Buy something and hold onto the receipt to show you were there at the right time to take possession.
- Preserve communications with your ex or children. Your ex might text, email, or send direct messages on social media telling you the children are sick. You want to preserve all communications.
- Avoid badmouthing your ex to the children. The last thing you want is for a judge to assume you are the parent who is causing disagreement. Don’t insult the other parent in front of your children, regardless of how angry you feel. Also, don’t complain on social media about the other parent.
- Speak with an attorney. A lawyer will know which other steps to take. We can analyze whether to see contempt, modification, or makeup time. We can file the right paperwork with the court to bring violations to the judge’s attention. We can also present evidence proving the violations at a hearing in open court.
Schedule a Consultation with Our Family Law Attorney
Remington & Dixon, PLLC, has helped many parents when disputes erupt regarding child custody after divorce. We know that our clients would do anything to maintain a relationship with their children. Let us help when the other parent refuses to comply with court orders.
We have helped those in the 28207 zip code and surrounding communities in Mecklenburg, Cabarrus, and Union County. Contact us to schedule a consultation.
