Divorced or separated parents usually need to establish custody orders. Custody orders are court documents that delegate parental rights and responsibilities. Frequently, custody orders allocate parenting time and a share of legal authority to each adult in the family. The parents then need to do their best to uphold the terms included in the custody order.
Sometimes, one parent does not get the time with the children that they should. Instead, the other parent frequently cancels or shortens their parenting sessions. In a situation where one parent does not uphold the custody order, asking the courts to enforce the custody order can be an option.
When is enforcement necessary?
Sometimes, unusual circumstances arise that require deviations from the custody order. In those circumstances, parents can communicate with one another and potentially make arrangements for makeup parenting time.
Minor disruptions to a custody schedule generally do not warrant enforcement requests. However, sometimes one parent intentionally interferes in the other’s relationship with the children. They may repeatedly deny them time with the children. They may also intentionally badmouth the parent to the children in the hopes of damaging the relationship between parent and child.
In cases where one parent suspects parental alienation, they could ask the courts to enforce the custody order. That process usually begins with documentation. The parent asking for enforcement has to show that there is a pattern of custody order violations.
They can then ask the courts to hold the other parent accountable. A judge can order makeup parenting time or issue a warning to the non-compliant parent. In more extreme cases, they could hold one parent in contempt of court for failing to fulfill the terms of a custody order.
Occasionally, judges may even decide that they want to modify custody orders because of the conduct of one parent. Adults with custody orders in place have obligations to one another and their children. A parent who fails to fulfill their parental responsibilities, including adhering to the custody order, could be at risk of enforcement actions.
Getting appropriate support when dealing with a shared custody conflict can help parents protect their most important relationships. Custody enforcement and modifications can help those dealing with regular custody order violations.
