There is an expectation that parents who are subject to a custody order should follow it carefully. They should communicate with one another about decisions and follow the established schedule for custody exchanges.
In some cases, one parent repeatedly fails to follow the custody schedule. They cancel their parenting time or do not show up when they should. Other times, one parent refuses to let the children go with the other parent.
What can frustrated co-parents do when dealing with regular custody order violations?
Ask the courts for support
Keeping a record of every change to the parenting schedule can help show a pattern of behavior. When there is evidence showing that one parent does not make use of their parenting time or has intentionally diminished the other’s time with their children, it may be possible to request the support of the family courts.
A judge has the authority to enforce a custody order. They can tell one parent to offer the other parenting time and reprimand those who consistently violate the custody order. They can also modify the custody order.
If one parent doesn’t make use of their parenting time, their cancellations can make the children feel rejected. It may be in the children’s best interests to reduce a parent’s allocated time based on how frequently they see the children. In cases involving attempts to prevent one parent from seeing the children regularly, a judge could significantly modify the division of parental rights and responsibilities to better meet the needs of the family.
Pursuing a contested custody modification due to a co-parent’s non-compliance could be a useful solution. Those concerned about protecting their children from disruptive behavior may need to ask the courts to modify their custody orders.
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