While parents often agree to work together in the best interests of their children, it is not uncommon for disagreements to arise and for some parties to fail to honor the court-approved custody or visitation agreement. In these situations, there are a variety of legal remedies that can be used to help enforce the court order and bring peace and stability back to a family.
The first step in enforcing a custody or visitation order is to review the details of the court-approved order to determine what rights and responsibilities the parties have under the terms of the order. If there are any unclear or conflicting parts of the order, it is important to discuss those issues with your attorney before moving forward, as a court-approved modification may be required to address any issues that have arisen.
If there are any violations of the custody or visitation order that are serious enough, then it may be necessary to file a motion with the court. The specific procedure for this varies by jurisdiction. Some states have a form that can be filled out and submitted to the court, while others require that the parent who is in violation of the order send a written letter to the judge with a request for an enforcement hearing.
In some cases, the non-complying party can be found in contempt of court for violating a custody or visitation order. The severity of the punishment a person can face for being found in contempt of court varies widely by jurisdiction, but it can sometimes include jail time.
Some courts allow police officers to help enforce custody and visitation orders, particularly if the circumstances are deemed urgent. In these situations, the officer may escort the child to your location or even arrest the party if they fail to comply with the order. However, this is generally only possible in situations that the court finds to be emergency and time-sensitive.
There are also a variety of civil tort actions that can be used to help enforce a court-approved custody or visitation order. For example, many states have statutes addressing parental kidnapping, where a parent intentionally interferes with the other parent’s custody or visitation rights. In most cases, these types of violations are only applicable in cases of extreme interference with a child’s right to develop a healthy bond with both parents.
In addition to criminal and civil remedies, it is also important to be aware of the options available for enforcing custody or visitation orders across state lines. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) is a set of laws that provides for expedited procedures to register and enforce custody and visitation determinations between different states. This act was created by the National Conference of Commissioners on Uniform State Laws, a non-governmental organization that publishes model acts for states to adopt and implement.
While it can be frustrating when a co-parent violates a custody or visitation order, it is important to remember that minor infractions are typically not warranted. However, if a co-parent consistently fails to follow the court-approved order and you feel that there are clear safety concerns, then it is important to talk with a divorce lawyer in Miami about what steps can be taken to assist in enforcing the order.