What is what to do when a parent is not following court order?

When a parent fails to comply with a court order related to child custody, visitation, or support, it's a serious matter. Here's what you can do:

  • Document Everything: Keep meticulous records. This includes dates, times, specific violations, and any communication related to the non-compliance. This documentation is crucial evidence.

  • Communicate (Carefully): Attempt to communicate with the other parent in writing (email or text) to remind them of the court order and request compliance. Keep the tone neutral and factual. Avoid arguments. Save this communication.

  • Consult with an Attorney: This is highly recommended. An attorney specializing in family law can advise you on the best course of action based on your specific situation and the laws in your jurisdiction. They can explain your rights and options.

  • File a Motion for Contempt of Court: This is a formal legal process where you ask the court to hold the other parent in contempt for violating the court order. You will need to provide evidence of the non-compliance. The judge can then impose penalties, such as fines, jail time, or modification of the existing order. More details about that can be found at: Filing a Motion for Contempt of Court.

  • Consider Mediation or Co-Parenting Counseling: In some cases, mediation or co-parenting counseling can help resolve the underlying issues causing the non-compliance and improve communication between parents.

  • Modify the Court Order: If the current court order is no longer working or is not in the best interests of the child, you can file a motion to modify the order. This might be necessary if circumstances have changed significantly. Additional information about that can be found at: Modifying the Court Order.

  • Enforcement Measures: Depending on the type of violation, other enforcement measures may be available. For example, if the non-compliance involves child support, you may be able to pursue wage garnishment, license suspension, or other remedies through the child support enforcement agency. You can read more about that at: Enforcement Measures.

  • Safety of the Child: If the non-compliance puts the child at risk of harm, contact law enforcement immediately. The child's safety is the top priority.