While disputes and custody or visitation violations can be serious, there are steps you can take to avoid them. The first step is to ensure that your custody and access agreement is effectively formalized and approved by the court. This ensures that the custody agreement is legally enforceable. Sometimes it is enough to know that an agreement is legally enforceable to prevent violations and disputes. If the parents cannot accept the necessary changes, you may need to apply to the court for an amendment to the custody agreement. With the help of your lawyer, you can submit the right form with the necessary information to request a change. These actions listed above are things you should consider if your ex ignores custody orders, but there are also certain actions you should never take. If you do any of the following, you may be at a disadvantage in terms of custody orders. If a parent is not considered for violating a custody decision, they may face penalties such as: If your ex does not comply with your divorce decree or custody order, they could be held in contempt of court. After a divorce, you have successfully secured custody of your child and have received a court order setting out all the child custody provisions.

However, your ex has always refused to follow all the details of custody orders and you become frustrated. Minor violations may be unintentional, and some violations may be tolerated if they are rare or can be resolved outside of court. However, minor violations may worsen and a series of minor violations must be corrected. Minor offences include: If you and your ex-partner broke up for the first time, you may have gone through the court system to resolve child custody issues. When this happened, you may have been generally satisfied with the custody agreement. For example, you may have obtained joint custody of your children or you may have received sufficient access. Second, if there is a dispute or disagreement over custody and access arrangements, you should apply for a change of custody or access orders for the children. This can help avoid situations where one or both parents are trying to take matters into their own hands and try to make a new deal. Any changes must first be approved by the court before being implemented.

You may get frustrated and angry when your custody order is violated, but it`s important to make sure you don`t make the situation worse and put yourself in a bad position. Don`t try to take revenge on your ex or his property. Don`t damage anything your ex gave your kids. Don`t let off steam on social media or online. Don`t stop paying child support. Don`t submit false complaints, police reports, child protection reports, or other false complaints aimed at hurting your ex. Finally, don`t express your anger directly to your ex, whether in person, on the phone, or in text messages. Anything you say can be used against you in court.

Stay calm and stick to the facts. Having a friend or family member who is there for you can help. Therefore, it is important that you work closely with a duty counsel in your area if you have any questions or concerns about custody or access. Your lawyer can help you answer your questions and accompany and represent you during the custody process. The court cannot charge the person with contempt if they show that they were unaware of the parenting plan or were unable to follow it (not intentional disobedience). You should not engage in “self-help” to remedy a violation of a custody order. If the other parent violates the custody decision, you must appeal to the court. Avoiding retaliation, even if it sounds right, is considered “self-help” and can get you into big trouble, even if the other parent started it all. Use any uncertainty in the custody order to save more time with the child.

You may be able to change the custody agreement if your ex repeatedly violates the court order. For example, you can request changes to the times and duration of visits. The consequences of failing to comply with a court custody decision may vary depending on whether you are a custodial or non-custodial parent. A custodial parent is someone who has physical and legal custody of the child, which means that the child lives with him in the first place. This parent will also make the important decisions in the child`s life, e.B. where they go to school, what religion (if any) they should follow and what medical treatment they should receive. An un custodial parent is a person who does not have custody of the child due to a court order. A judge usually appoints custodial and non-custodial parents in divorce proceedings […].