Has your co-parent breached the custody arrangement? 

On Behalf of | Feb 12, 2023 | Child Custody & Visitation

You and your former spouse took the difficult decision to pursue a divorce, but it was the best thing all around. The family court assessed your situation and came up with a custody order based on the best interests of the child. 

In the beginning, this all worked fine and you were able to function well together as co-parents. Sadly, this has changed recently and your co-parent hasn’t been following the order. What are your options in such a scenario? 

Custody orders are binding 

Firstly, it’s important to note that custody orders are legally binding. This means that no matter how much one parent may disagree with the order, they must follow it. Custody orders can be disputed and modifications made, but the original order must be adhered to until a modification has been approved. 

When the order is not being followed 

A one-time mistake, such as being an hour late to return the kids, is not likely to give rise to court intervention. The same can be said if a parent has a legitimate reason, such as being ill, for missing a visitation day. This is also the case if the child falls ill. What will reflect negatively on a parent is if they display a pattern of repeatedly breaking the custody agreement. 

In such a situation, the court can enforce the order or even make a modification. In some cases, when breaches have been severe, the offending parent may face the criminal charge of contempt of court. 

If you’re looking to enforce or modify your current custody order, then you’ll need to look further into your options. Having legal guidance behind you will help you to come up with the best possible plan to resolve the problem.