Your child gets hurt when one parent doesn't share and doesn't follow a parenting time agreement. Here's what you can do about it.
Proving Contempt in Family Court
If you have a child custody order and the other parent is not following (breaking) that family court order, then that parent can be found in contempt of court. You have to prove it though. Proving contempt in family court can be easy or tricky, depending on what the contempt is for.
For example, if the other parent stops you from seeing your child, then you should write that down, "Missed parenting time without notice". If the other parent refuses to call their child during the time on the court order you can journal that "Refused to call child".
Contempt of Court Punishments
Once you've proven a violation of court order in family court, then you have to ask for contempt of court punishment, also called sanctions. You can ask for more custody time, for example. Then you'll have to enforce a family court order.
If You're Violating
What happens if you are in contempt of a court order? Well you'll get in trouble. Courts don't like with parents break family court orders. However, there are times when it's out of your hands. For example, you have to work evenings on your custody days.
Instead of breaking a family court order, you could ask the court for a change because of your new working hours.
Or instead of breaking a family court order, why not just ask the other parent to be flexible due to your circumstance. If the other parent, isn't flexible, then you can tell the courts that. Courts don't like it when parents aren't flexible.
Parents must be cooperative otherwise the uncooperative one gets punished. Again, you have to prove the uncooperative nature.
For example, if you know the other parent isn't with your child on their weekend and you ask to care for your child, but that parent refuses then you write this down in your journal. If you call your child at reasonable hours and with reasonable regularity, but you keep getting denied, then you write this down in your journal.
After a few months, you file for a child custody modification with your journal report.
Teen Refuses to Go
Now what if you have custody but your teen refuses to go to the other parent? Is that contempt of court? Are you violating the court order? Probably not. You can't make the teen go, police can't make a teen go.
What do you do? Document what happened. Keep a good record of what was said, why your teen refuses, and what you did to convince your teen.
What do I do?
For all these problems where one parent doesn't share by not following your agreement or the court's order, you must follow three steps, which are explained in detail here. Simply journal what happened and when, then petition the court to change custody to enforce their order, and three explain when you get there.
In the next ten seconds you can start your journal here.
Or you can read more about what other parents did when they had the same problem.
- Contempt of or violation of or breach of or breaking a family court child custody order
- Uncooperative parent
- Teenager refuses to go to parent
- Enforcing a court order
- Contempt of court punishment or sanctions
- Legitimate reasons for breaking court orders family court