Photo of Professionals at McCoy Fatula, APC
Photo of Professionals at McCoy Fatula, APC

When A Former Spouse Refuses To Follow A Custody Agreement

On Behalf of | Jul 12, 2016 | Child Custody

Even when a custody and parenting time agreement has been going smoothly, you can never really predict how your former spouse or parent of your child will act in the future. In some cases, the other parent may start to deviate slightly from a custody agreement. This turns into a complete refusal to follow your court-ordered agreement. In other situations, the other parent my suddenly make changes to your agreement and fail to pick-up or drop-off your child at the agreed location and time. This is very problematic and illegal.

The custody agreement that both you and the other parent signed was approved and finalized by a California family court judge. By finalizing and approving the agreement, the judge has made it a court order. A court order must be followed. Otherwise, the party deviating from the court order could be held in contempt of court.

If you find that the other parent has abruptly deviated from your custody order or continues to slip-up, you should understand your rights under California law.

Here are some things to consider if you find yourself in this situation:

  • Make sure you know where your copy of the custody agreement is. Keep it in a safe location.
  • Reach out to your local law enforcement and notify them about the other parent’s refusal to follow the court order. They should then enforce the order on your behalf.
  • Always let your attorney know what is going on so that he or she can file an action for contempt against the other parent.

It is very important that you have an experienced child custody lawyer in California who is familiar with these types of enforcement cases and can help you with your specific situation.

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