As a court order, a child custody agreement is legally binding. Both parents must always abide by all the rules of the custody agreement and agree to any changes. If either parent does not comply with the custody agreement, then there are legal consequences to face. In the case of a parent violating a child custody agreement, this is usually a case of willful non-compliance. The court will impose legal consequences against anyone who violates a court order. By the way, when is a violation of a child custody agreement considered severe enough for the court to intervene? Let us learn what constitutes a severe custody agreement violation in court.
What Constitutes a Severe Custody Agreement Violation?
At one point or another, every parent will end up in a situation where the child custody agreement is not perfectly adhered to. When these custody agreements are breached by one parent, the other parent must act. To fight a child custody agreement violation, you need to understand how severe the custody violation is. Child custody agreement violations that are serious enough may require you to involve the court.
Here are the types of severe custody agreement violations:
Preventing a parent from visiting
Usually, the parent without custody has visitation rights. Of course, this visitation is done to maintain the relationship of the child and the other parent. If the co-parent has visitation rights and you prevent this visitation without court approval, then the non-custodial parent can take you to court and present the case before a judge. This will result in contempt of court or a court judgment. You may also be required to pay attorney fees for the non-custodial parent. Worse, the non-custodial parent will sue for custody of the child. When circumstances change or when a parent wilfully disregards a child custody agreement, a parenting plan modification is required. On the other hand, if you prevent a parent from visiting because you believe that the other parent is endangering your child, then you can file a request with the judge to restrict visitation or modify your custody agreement.
Denying visitation
Courts will generally disapprove of any attempt to prohibit the other parent from seeing their child. This is against a court order. However, sometimes, there are certain circumstances that cannot wait for a court order, such as kidnapping or child abuse. If you believe that the other parent is harming the child, such as physical or emotional abuse of the child, then you may have strong reasons to refuse visitation. However, stopping visitation as a punishment against the other parent may make your situation worse. And, it may also make it difficult for the court to view you as a good parent. For this case, you should seek help from a lawyer. If you try to violate the court-ordered visitation schedule, you will face consequences.
Denying communication
Denying communication with the child is also a severe violation of the custody agreement. If you find yourself in a situation where it is difficult for you to contact your child because the other parent keeps rejecting phone calls or blocking other communication, then this is considered a denial of communication and is a severe violation. If you are the parent with custody of the child, you should also not prevent the other parent from contacting the child, be it through phone calls, texts, or any direct communication. Remember, a healthy parent-child relationship requires seamless communication. The parent who does not have custody is entitled to regular communication. The other parent may not prevent those communication rights as outlined in the custody agreement.
Endangering child during visitation
During the visit, make sure your child is safe with the other parent. However, sometimes, there comes a point where the other parent cannot take good care of their child, meaning the child is not safe with the other parent. Remember that any action that significantly jeopardizes the child’s physical or emotional health is a gross violation of the custody agreement. If the other parent endangers the child during visitation, then you can take the case to court. However, if you yourself jeopardize your child’s safety, then you will also be in violation of the child custody agreement.
Leaving the country or state without the permission of the other parent
In the child custody agreement, you should clearly outline whether or not the child can travel out of state with the other parent. The custody agreement should also outline whether the other parent must be notified, and whether or not the parent moving out of the country must seek permission from the court. If one parent moves out of the country without following the terms of the custody agreement or wilfully violates it, then this is considered a serious violation of the court order. The parent will face legal consequences from the court.
Legal Actions for Child Custody Agreement Violations
After a divorce, child custody is the most important concern for both parents and the court. Once a child custody agreement is agreed upon, then both parents must abide by the custody agreement. However, sometimes, there comes a time when one parent violates the custody agreement. If you are facing a case where the other parent of your child is constantly violating or ignoring the agreement, then you can immediately take legal action for breach of the child custody agreement. Please be aware that any custody agreement that is entered into can be amended at any time.
Here are some legal actions for breach of a child custody agreement:
File a Contempt Lawsuit
A parent who commits a wilful violation of a child custody agreement will be held in contempt of court. This will result in the parent being punished by the court. If you are experiencing this case where the other parent wilfully violates the custody agreement, then you can file a motion asking that the other parent be held in contempt of court. If the court approves your motion, then the parent who violated the custody agreement will get penalties such as paying a fine, paying the other parent’s legal fees, paying missed fees, an order to attend parenting classes, a change in the child custody agreement, or even jail time. You can consult a trusted legal attorney to know how to file a parenting plan modification case.
Talk to the other parent about honouring the child custody agreement
This is the easiest thing you can do about an offense committed by the other parent. You can try to persuade the other parent to honour the custody agreement or court order. If your relationship with your ex-spouse is good, this will be easier to do. However, if your relationship with your ex-spouse is bad, it is likely to be difficult to do this. It seems that many parents violate child custody agreements intentionally because the relationship between the two parents is not good. However, you can try to persuade the other parent to honour the custody agreement by showing a copy of the court order. If necessary, you can also threaten legal action.
Consult a child custody lawyer
When there is a breach of a child custody agreement or a court appearance, you should immediately consult a child custody lawyer. A lawyer who specializes in child custody will help you determine the best strategy to resolve your case. They will stand up for you when things get emotional or complicated. Remember that contempt of court filings can vary. It depends on the state and county you are in. Therefore, it is important that you consult with a custody lawyer.
Criteria for Court Intervention
You can file a legal motion with the court if the other parent commits a custody violation. Severe or repeated violations require court intervention. The court may enforce the custody agreement, modify the terms of custody, or take other actions to protect the best interests of the child. When filing legal documents, make sure you meet the criteria the court needs to intervene in your case. Your custody lawyer should inform you of these issues. After that, the court will set a hearing date where you can explain to the court how the other parent has committed the custody violation. Do not forget to bring all the evidence related to the violation to support you in the hearing.
Denying visitation rights without cause
Any parent who denies visitation rights without cause is in violation of the court order. This can include arranging activities that interfere with the child’s visitation time with the other parent and planning events that overlap with the other parent’s visitation. In addition, repeatedly being late or early to drop off or pick up the child is also considered to have violated visitation rights. If you are facing this case, you can take the matter to court. Make sure you document the lack of cooperation from the other parent for visitation.
Denying communication between parent and child
Interfering with or denying communication between parents and children is also considered contempt of court. A parent with child custody is not allowed to cut off the child’s contact with the other parent. The act of interfering with or denying communication between a parent and child includes blocking phone calls and deleting text messages or emails. Intentional denial of communication without reason is considered a violation of the child custody agreement. If that happens, then court intervention is required.
Not paying child support with no unreasonable
Child support and visitation are separate things. If a parent does not pay child support, the parent can still have visitation. This is done to maintain the relationship between the child and parent. You can file a motion against the parent who is not paying child support, but you will be in violation of the court order if you prevent the other parent from seeing your child. On the other hand, if a parent stops paying child support for no reason, then that parent will be in violation of the court order. Usually, courts are quick in enforcing child support payments. To help enforce such court orders, you or your lawyer should contact your state’s child support program office. An attorney at law will help you handle your case and expedite the process.
Putting the Child in Danger
If either parent endangers the child, then the court may modify the custody agreement or court order. The court will revoke or strictly limit parental rights if either parent engages in behaviour that may endanger the child. Some behaviours that may endanger the child include placing the child in a dangerous situation, leaving the child in danger of abuse, or failing to protect the child.
Consequences for Child Custody Violation
If either parent does not comply with the custody agreement, then that parent will be held in contempt of court. The court will impose penalties against the parent who has breached the custody agreement or court order. There are several consequences for violating a custody agreement. The consequences will vary, depending on the type of violation committed by the parent.
Low Severity:
Custody Agreement Modification
If a parent breaches the custody agreement, usually the first thing the court will do is modify the agreement. This includes limiting or reducing visitation time. The court modifies the child custody agreement based on the evidence gathered.
Extra Child Care Fees
The judge will order the parent who has breached the custody agreement to pay additional childcare costs. This also includes the non-breaching parent’s court fees.
Counseling or Community Service
High Severity:
Permanent Loss of Custody
The consequence for a parent who has committed a gross violation of a court order is permanent loss of custody. Serious offenses here include committing acts that endanger the child, child abduction, sexual abuse, neglect, or emotional abuse. The court will grant full custody to the non-offending parent. Child abuse alone is enough for the court to permanently remove custody.
Jail Time
Typically, courts rarely threaten jail time for violations of child custody agreements. The threat of jail time is often enough to persuade the offending parent to comply with the court order and honour the custody agreement. However, in other cases, sometimes judges may also award jail time against parents who have committed serious offenses such as endangering the life of a child, especially if accompanied by strong evidence.