What to Do When Your Ex Violates a Custody Order
If you have already secured a court order establishing custody and parenting time, what should you do when your ex chooses to disobey that order? Here are some common examples of violations:
- Your ex is not paying child support
- Your ex is not providing medical information about your child
- Your ex is not sharing school information about your child
- There are issues during child pickup and drop-off times
In these situations, you should contact an attorney and file what is known as a "motion for contempt" with the family court. This will bring these issues before a judge who can fashion an appropriate remedy. Possible outcomes may include:
- Sanctions being issued against the other parent
- The court reconstructing your orders to be more specific
- Additional provisions to address items that are not being followed
Important Warning
The last thing you want to do is to "self-police." Do not respond to your ex's wrongful behavior by acting wrongfully yourself. For instance:
- Do not withhold parenting time
- Do not withhold information from your former partner, even if they are doing the same to you
If you respond to your ex's actions by not following the order, you yourself could be found in contempt. It is better to go to court with "clean hands" and demonstrate that:
- The other side has acted wrongfully
- You are being respectful of the court
- You are simply trying to protect your child and your rights
This approach will go a long way toward achieving the results you want in court.
Need Legal Assistance?
If you need help with filing the appropriate motions or if your former partner is not following custody orders, contact Kirshenbaum & Kirshenbaum today.
