Custody orders are put in place to establish the legal rights and responsibilities of parents or guardians regarding the care and custody of their children. However, sometimes one party fails to comply with the terms of the custody order. To address these issues, California has implemented various measures for custody order enforcement, to ensure the best interests of the child.
What is a custody order?
A custody order is a legally binding document issued by a court outlining the arrangements and responsibilities for the care and custody of a child or children. It is intended to ensure that the child or children’s best interests are protected while maintaining a stable and nurturing environment for their growth and development. Custody orders are also known as parenting plan or visitation order.
Enforcing Custody Orders
When a parent disregards or violates a custody order, it is essential to take appropriate steps to enforce the order. The following measures can be taken:
- Filing a Contempt Motion
If the non-compliant parent continues to disregard the custody order, the next step is to file a contempt motion with the court. This legal action notifies the court of the violation and requests enforcement of the custody order. The court will review the evidence and, if found in contempt, may impose penalties such as fines, attorney fees, or even jail time.
- Modifying the Custody Order:
In cases where the non-compliance is persistent and detrimental to the child’s well-being, the affected parent may seek a modification of the custody order. This involves presenting evidence that demonstrates a significant change in circumstances or the need to protect the child’s best interests. The court will then reassess the custody arrangement and make necessary modifications to ensure the child’s safety and well-being.
- Seeking Assistance from Law Enforcement:
In situations where the non-compliant parent refuses to follow the custody order or poses a threat to the child’s safety, it may be necessary to involve law enforcement. While law enforcement agencies typically prioritize immediate threats to safety, they can assist in enforcing custody orders in certain situations, especially if a restraining order is in place.
Enforcing custody orders in California is crucial to protect the well-being and stability of the child. Contact us to learn more about the various means available to address child custody violations. Remember, the ultimate goal is to ensure the child’s best interests are prioritized and that both parents fulfill their obligations outlined in the custody order.
Are you having trouble getting the other parent to follow a custody order?
Our attorneys at the Law Office of Benjamin Kanani are experienced in advocating on behalf of client’s to enforce custody orders. We attempt to work with opposing party or their attorney, and when necessary we will litigate to ensure court orders are followed. Contact our office today for a free consultation!